1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Basic Facts

The plaintiff is residing in subparagraph 2 of the Gangdong-gu Seoul Metropolitan Government underground floor.

The defendant is the owner of the first floor No. 2, who is the upper floor of the above house.

From the end of November 2015, one water leakage began in the boiler room of Plaintiff Boiler room (Defendant Boiler room). The Plaintiff’s ceiling and wall were once and the water was reduced to the living room’s floor, and the wall was damaged.

On April 28, 2016, the Plaintiff brought the remuneration construction cost of KRW 1,650,000 into the Plaintiff’s housing repair work.

[Ground] The Plaintiff asserts that there was no dispute, Gap 1 through 5, and the purport of the entire pleadings, and the Plaintiff sought payment of KRW 3,150,000,000, which is the sum of KRW 1,500,000, for remuneration construction cost, and for mental suffering, in a case where water was incurred due to the defect in the Defendant’s house.

The defendant asserts that the water leakage of the plaintiff's house is not related to the defendant's house.

Judgment

In light of the location of water leakage recognized by each description and image of evidence Nos. 1 through 5, 8, and 9, the quantity of water leakage, and the degree of repair due to construction, etc., it is reasonable to view that sand sand flow out into the boiler room of the Defendant’s housing into the ceiling and wall of the Plaintiff’s housing, where sand flows out the pipes of the Defendant’s housing floor.

(A) The Defendant, as the owner of the Defendant’s housing, is liable for damages sustained by the Plaintiff due to the defect in the installation or preservation of structures under Article 758 of the Civil Act, as the owner of the housing that caused water leakage.

In light of the fact that the scope of compensation for damages and the Defendant’s housing are old multi-household housing constructed in 1987 and that the Defendant endeavored to prevent water leakage by confirming the status of the Defendant’s housing, etc. in order to find out the cause of water leakage, it is reasonable to limit the Defendant’s liability to 50%.

The defendant is 825,00 won (=1,650,000 won 】 50%) and damages for delay on the part of the plaintiff.