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. The facts following the facts are either in dispute between the parties or in accordance with Gap evidence 3-1 to 4, each entry in Eul evidence 1-1, and evidence 9-4, 6, 9, Eul evidence 2-4, 8, 9, and 10, each entry in Gap evidence 9-4, 6, 9, 9, and 10 may be acknowledged by taking into account the whole purport of the pleadings.

The Plaintiff is the owner of Seongbuk-gu Seoul Metropolitan Government building with a size of 116 square meters and its ground (hereinafter referred to as “Plaintiff building”), and the Defendant is the owner of Seongbuk-gu Seoul Metropolitan Government D large 116 square meters and its ground building (hereinafter referred to as “Defendant building”).

B. 1) The current status of the land and the building in Seongbuk-gu Seoul and D land consisting of a boundary line as indicated in the cadastral map and between the boundary line, the Plaintiff’s building and the Defendant’s building are constructed without a fluence. 2) Each end of the Plaintiff’s building and the Defendant’s building are facing roads, and the front end of the Plaintiff’s building and the Defendant’s building are facing each other. The distance between the Plaintiff’s building and the Defendant’s building is about 70cm, and the distance between the eaves of the Plaintiff’s building and the eaves of the Defendant’s building is about 30cm.

3) The spatial part between the Plaintiff’s building and the Defendant’s building (hereinafter “instant land”).

(2) At the intermediate location, the drainage hole in the same pattern (hereinafter referred to as “instant drainage hole”) shall be located in the middle location.

The PVC officers of plastic materials, which are installed and projected out from the window of the underground floor and the underground room of the defendant's building, are connected with the drainage of this case, which is installed in a self-shaped manner.

2. The assertion and judgment

A. The interval between the Plaintiff’s main point of the Plaintiff’s assertion and the Defendant’s building is very narrow, and as rainwater was cut down in the instant land at a large amount of rain on July 19, 2017 and July 24, 2017, the Plaintiff’s main point of the claim was considerably narrow, and as rainwater was cut down in the instant land, it was damaged by putting the rainwater over the half of the Plaintiff’s underground windows. The grounds for the removal of rainwater in the large quantity of the instant land are as follows.

In other words, the defendant was installed in the eaves of the defendant's building.