1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On April 4, 2011, the Plaintiff is an owner or resident of Gwanak-gu, Seoul Special Metropolitan City (hereinafter “302”) who acquired the ownership of the C Building 302 (hereinafter “302”). The Defendant is an owner or resident who acquired the ownership of the said C Building 402 (hereinafter “402”) on May 24, 2004.

B. 302 Prior to the Plaintiff’s occupancy, water was created by installing water bags on the embankments, toilets, small embankments, and living rooms, and walls. The Plaintiff moved into a new construction of stone reports and gungs before moving into a 302 location, but the said phenomenon remains thereafter.

C. Accordingly, the Plaintiff determined that the cause of the foregoing phenomenon was 402 Vietnama and toilets 402, the upper floor of which was immediately above 302, and that the same was rupture or flood control failure, and requested the Defendant to perform waterproof construction several times, and the Plaintiff requested the Defendant to cooperate in the waterproof construction of beeras referred to in 402 on behalf of the Defendant. In that process, the Plaintiff’s opinion ratio was not properly achieved between both parties and the Defendant, and thus, the extinguishment was continued between the Plaintiff and the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7 through 11, 14 through 21, Eul evidence Nos. 1 and 7 (including virtual numbers) and the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The Plaintiff’s assertion as follows: (a) serious water leakage phenomenon occurred in the inside banks, toilets, small rooms, and dwelling rooms of 302, where the Plaintiff resided, due to the heat of 402 benda and toilets owned by the Defendant, or the amount of flood control failure; and (b) thus, the Defendant is liable to pay the Plaintiff the repair cost equivalent to KRW 10,386,00, and damages for delay equivalent to the repair cost of the water leakage portion due to the damages.

B. The appraiser D of the first instance trial on the assertion of leakage of the inner, toilets, small and medium areas, and walls of No. 1302.