1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 8,828,652 as well as the full payment with respect thereto from September 22, 2015.

1. Facts of recognition;

A. The Plaintiff resided in the building C and 305 (hereinafter “instant house”) owned by the Plaintiff, and the Defendant owned 505 above the instant house (hereinafter “Defendant’s house”) around July 2014 to May 2015 (the period during which water leakage damage was commenced as follows) and resided in the instant house.

B. From July 2014 to May 2015, water leakage occurred according to the internal ceiling of the instant house, the structure body of the wall of the astronomical ridge, and the ceiling frame of the ceiling timber, and resulting in damage, such as fung, fung, and mash pollution (hereinafter “water damage in this case”), and thereafter, the same water leakage damage occurred repeatedly on the surface of the rain.

다. 이 사건 주택은 거실 측 전면발코니에 별도의 샷시가 시공되어 있어 비가 올 때 빗물이 직접적으로 침투하지 않는 구조이나, 피고 주택은 거실 측 전면발코니에 샷시가 설치되어 있지 않아 외부에 그대로 노출된 상태이다.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-6 (including each number), the appraisal result of appraiser D by this court, the purport of the whole pleadings

2. Determination as to the cause of claim

A. “Defects of installation or preservation of a structure” under Article 758(1) of the Civil Act refer to the state in which a structure fails to meet the ordinary safety requirements according to its use. In determining whether such safety requirements are met, it shall be determined on the basis of whether the installer or custodian of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure (see, e.g., Supreme Court Decision 2008Da61615, Feb. 11, 2010). Moreover, an accident caused by a defect in the installation or maintenance of a structure causes only the defect in the installation or maintenance of the structure.