1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Claim:

1. The facts of recognition are the occupants of B apartment in Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “instant apartment”) 105, and the co-defendant C of the first instance court is the resident of the instant apartment 205, and the Defendant is an organization composed of the occupants, etc. of the instant apartment.

On September 17, 2013, the co-defendant C of the first instance trial, through the artificial interior interior interior interior interior tegrative works (e.g., exhauster construction, floor construction, bathing room removal construction, etc.) of the instant apartment site 205, which is one’s own residence, (hereinafter “instant construction works”). On October 9 of the same year, the Plaintiff suffered flood damage (hereinafter “the instant flood accident”) caused by the storming of the relevant apartment site 105, which is one’s own residence, by the drain pipe, by blocking the drain pipe from spreading the garbage, such as cement, etc., generated in the course of the construction.

At the time of the instant construction work, the Defendant urged co-defendant C of the first instance trial and its tester to undertake a civil or criminal liability for all issues arising in connection with the construction work, and received written consent from other residents, such as the Plaintiff, etc., including the Plaintiff, in the document specifying the details and construction period of the instant construction work.

In addition, Article 15(1) of the Defendant’s Multi-Family Housing Management Rules provides that “if a resident, etc. has damaged a part for the exclusive use of other occupants, etc. by intention or negligence, he/she shall restore the original state or bear the expenses necessary for the repair thereof.” Article 15(2) provides that “Where a resident, etc. has damaged other occupants, etc.’ facilities, etc., he/she shall cooperate in the performance of duties

On the other hand, in the first instance trial, the plaintiff and the co-defendant C in the first instance trial are co-defendant C in relation to the plaintiff's claim for damages of this case.