1. The Defendant-Counterclaim Plaintiff is “1203, 1203, 101, and 1203, of the attached drawings of Yeongdeungpo-gu Seoul Metropolitan Government C apartment, Yeongdeungpo-gu, Seoul Metropolitan Government.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On January 20, 2015, the Plaintiff is the owner who acquired the ownership of Yeongdeungpo-gu Seoul Metropolitan Government C Apartment and 101 Dong 1103 (hereinafter “instant 1103”). The Defendant is the owner who acquired the ownership of 1203 (hereinafter “instant 1203”) located on the immediate upper floor of the instant 1103 aggregate buildings among the C Apartment 101 aggregate buildings around July 14, 2005.

B. On January 1, 2015, police officers came to possess water in the inner ceiling of the instant 1103, and there was a new phenomenon in the natural remote area (hereinafter referred to as “instant water leakage phenomenon”), and these phenomena occur whenever wintering.

C. As a result of the instant water leakage, there was an erosion and fungico in the ceiling, wall structure, and floor of the 1103 inside of the instant case.

[Reasons for Recognition] Unsatisfy, Results of appraiser D's appraisal, the whole purport of the pleading

2. Determination as to the claim for damages among the principal lawsuit

A. In full view of the Plaintiff’s damage claim and construction claim claim against the Defendant, 1) the appraisal result and supplement result of the appraiser D, the appraisal witness D’s testimony, and the entire purport of the pleading, the leakage phenomenon of this case is an inner wall (the outer wall, the same hereinafter) of 1203.

(2) A prop, roof, outer wall, basic structure, etc. necessary to maintain the safety and appearance of a building in an aggregate building is a part provided to all or some of the sectional owners' common use, and the sectional ownership is not the object of sectional ownership. However, the outer wall, which constitutes the framework of the building, is all or some of the sectional owners' sectional ownership.