1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the owner of Busan Metropolitan City Officetel (hereinafter “instant building”) No. 1301 (hereinafter “1301”) and the Defendant is the owner of the instant building No. 1401 (hereinafter “1401”).

(b) around April 2016, around 1301, water has been diminished through the ceiling.

As a result, interior decorations such as interior ceiling, walls, and floors in 1301 were flooded and damaged.

(hereinafter “instant water accident”). C.

At the time of the water leakage accident of this case, 1401, the lessee D was residing.

[Ground for Recognition] Unsatisfy, Gap 1, 7

8. The statements and images of the evidence 9 (including the branch numbers, if any) and the evidence 1 set forth in subparagraph 1, the testimony of witnesses D of the first instance trial, and the purport of the whole pleadings;

2. The plaintiff's assertion that the water leakage accident of this case occurred due to the defects in the installation and preservation of the water drain pipes No. 1401 and the surrounding floor, and as a result, the fire-proof materials No. 1301 suffered damages due to inundation, etc., the defendant is liable for compensating the plaintiff for damages due to the defects in the installation or preservation of structures pursuant to Article 758 of the Civil Act as the owner of structures.

3. Determination

A. Under Article 758 of the Civil Act, the liability for damages incurred to another person due to a defect in the installation or preservation of a structure is primaryly the possessor of the structure who actually occupies and manages the structure directly and specifically, and is not obliged to exercise due care for the prevention of damages. If it is acknowledged that the possessor of the structure has not neglected to exercise due care for the prevention of damages, the owner of the structure shall be held liable for the damages (see, e.g., Supreme Court Decisions 81Da209, Jul. 28, 1981; 92Da23551, Jan. 12, 1993).

The possessor of 1401 at the time of the occurrence of the water leakage accident in this case is as seen earlier as the lessee D. Thus, the foregoing D is due to the defect in the installation or preservation of the water drain pipe No. 1401.