1.The judgment of the first instance, including the preliminary claim added at the trial, shall be modified as follows:

Defendant C.

1. Basic facts

A. The Plaintiff is the owner of Gangseo-gu Seoul Metropolitan Government D 201 (hereinafter “instant 201”); Defendant C is the owner of the said building 301 (hereinafter “instant 301”); Defendant B is the lessee who leased and resides in the instant 301 from Defendant C on February 29, 2012.

B. On April 2013, the boilers installed in the boiler room of this case, which caused a water leakage incident, such as the corrosioning inside the ceiling and the walling and funging inside the ceiling of the 201st floor below the lower floor through the ruptures of the 301st floor of the said boiler room (hereinafter “instant water leakage incident”), and the cost of KRW 3,741,000 is required to pay for the damages incurred therefrom.

C. At around August 2014, Defendant C replaced the accessories of the boiler installed in the instant case No. 301, and thereafter there was no further water leakage phenomenon after the boiler was repaired.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6 and images (including satisfy numbers), party appraiser E and F respectively, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the claim against Defendant C, it is reasonable to deem that the instant water leakage accident occurred due to the defect in the installation or preservation of boiler installed under subparagraph 301 of the instant case. Thus, Defendant C, the owner, is liable to compensate for the damage resulting from the water leakage accident pursuant to the proviso of Article 758(1) of the Civil Act.

Therefore, Defendant C’s repair cost of KRW 3,741,00 and its scope after water leakage accident of this case, as sought by the Plaintiff, is the following day after the delivery of a copy of the complaint of this case from January 1, 2015.