1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff is the owner of the Kuju-si C apartment D (hereinafter “instant D”) and the Defendant is the owner of the same apartment E (hereinafter “instant E”) and currently is the owner of the same apartment E (hereinafter “instant E”).

B. The Plaintiff resided in the instant subparagraph D until October 18, 2017, and went to the director around that time. On January 13, 2018, the instant subparagraph D existed until the lessee under the instant subparagraph D moved in.

C. On December 2017, when the instant No. D was fluored, water leakage (hereinafter “water leakage in this case”) occurred from the boiler pipes of this case. As a result, a part of the kitchen in the lower floor of the kitchen of this case, which is the lower floor, was dried up, and a ice was dried up on the floor of the floor with high water as a wooden material, left from the floor of the ceiling.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 4, 5, Eul evidence No. 2, the purport of the whole pleadings]

2. Determination

A. According to the facts of recognition as above, since the flood damage occurred due to the water leakage of this case that occurred under subparagraph (D) owned and possessed by the defendant, the defendant as the possessor and owner of this case is liable to compensate for the damage caused by the defects in installing and preserving boiler pipes under subparagraph (1) of this case pursuant to Article 758(1) of the Civil Act.

B. 1) The Plaintiff’s assertion and the scope of judgment on the scope of the Plaintiff’s liability to compensate for damages caused by flooding in the instant case. Since the tenant’s occupancy in around December 12, 2017, which was decided to move to a certain period of time, had been performed on or around December 12, 2017, the Plaintiff’s claim and judgment amounting to KRW 1,395,260 (i.e., rent of KRW 1,100,00 urban gas expenses of KRW 112,80,000 for urban gas expenses of KRW 182,460 for the management expenses of KRW 182,460 for the maintenance expenses of KRW 112,80 for urban gas expenses, KRW 520,00 for the occupancy cleaning expenses of KRW 520,920,00 for the repair expenses, KRW