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. Basic facts

A. On May 7, 2013, the Plaintiff sold 202 multi-household 4 multi-household 4, Daegu-gu D, Daegu-gu, to C on December 17, 2013, and again purchased it from C on December 17, 2013, and the Defendant owns 302 multi-household 302.

B. Fungi is growing due to water leakage on the wall and floor of 202 suspenders, small banks, living rooms, toilets, and toilets that currently owned by the Plaintiff.

【In the absence of a dispute over the grounds for recognition, each entry in Gap evidence 1-1 and 2, Gap evidence 9-1 to 10, 10-1 to 4, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff asserts that since August 2013, the number of multi-household housing owned by the Defendant was generated by water from the above multi-household toilets of 302, the above multi-household housing owned by the Defendant, and that C purchased the above multi-household housing 202 again from C without any choice as it demanded the rescission of the sales contract. As such, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 15,182,400 (repair KRW 12,200,000 + KRW 962,400 + KRW 400 + KRW 400,000) and its delay damages.

B. Determination is not sufficient to acknowledge the aforementioned multi-household housing owned by the Defendant solely based on the statements in health stand, evidence Nos. 1 to 4, 8-2, and evidence Nos. 9-1 to 10, and evidence Nos. 9-1 to 4, and evidence Nos. 9-1 to 10, and evidence Nos. 9-1 to 10, and witness E of the first instance trial, and there is no other evidence to acknowledge this otherwise. The Plaintiff’s assertion is without merit without need to further examine.

3. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is justified.