1. The defendant,

A. The Plaintiff B’s KRW 4,976,79 and its related KRW 5% per annum from December 28, 2015 to April 5, 2017.

1. The Plaintiff B is an owner of 201 of the first and third-class housing (hereinafter “instant housing”) on the ground of the F in Yacheon-si, the first and third-class housing (hereinafter “instant housing”).

Plaintiff

A is the husband of Plaintiff B, Plaintiff C’s children, and Plaintiff D’s wife.

The defendant is the owner of the above house 301.

The defendant acquired 301 on April 2012 and has continued to reside there.

On December 28, 2015, water leakage occurred in the instant housing No. 201.

The leakage has ceased from March 8, 2015 to March 25, 2016, and the Defendant repair the leakage part.

3. 29. Suspension of water leakage.

2. The parties' assertion

A. The plaintiffs' assertion that the water supply pipes were generated from the water supply pipes connected to the solar boiler on the rooftop from 301 of the instant housing, which is the section for exclusive use of 301.

Pursuant to Article 758 of the Civil Act, the defendant, who is the owner of the water supply pipe, is liable to compensate the damages suffered by the plaintiffs due to the defect in the installation and preservation of the water supply pipe.

B. Pipelines that the defendant's assertion occurred are common areas because they are for the management of the rooftop, which is common areas, and for the joint washing machine used by the occupants of the housing in this case.

Therefore, the defendant is not liable for damages.

3. Determination

A. The instant building was constructed and sold by G, which was the former owner of No. 301.

The building of this case is divided into two households, each of the first and second floors underground, and the third floor, with a total of six households.

G, at the time of the construction of the instant housing, installed a solar boiler and a heat plate for No. 301 on the rooftop of rooftop stairs.

In order to draw water from 301 to the above solar heat boiler, water supply pipes on the 301 new spons of the 301st floor spons are connected to the sponsing of the 3rd floor spherb to the spherb above the spherb, and are for the household of the 1st and second floor spher. The pipes for B are made in a pipe duct for B, and inside each household's spherb in the inside.