1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

1. Basic facts

A. The plaintiff is the owner of B apartment B, 106 Dong 1304 (hereinafter "the plaintiff apartment"), which is a collective housing, and the defendant B apartment council of occupants' representatives (hereinafter "the defendant's representative council", and the above apartment is an organization composed of representatives elected by the occupants to manage the above apartment complex, which is a collective housing, pursuant to Article 43 (2) and (4) of the Housing Act.

B. On February 21, 2011, Defendant Taewon Construction Co., Ltd. (hereinafter “Defendant Taewon Construction”) entered into a contract with the Defendant’s council of occupants’ representatives regarding the instant apartment facilities-to-land waterproof construction works (hereinafter “instant construction”) and implemented the said construction from February 21, 201 to May 20, 201.

C. The Plaintiff’s apartment is located on the top floor of 106 units, and after May 20, 201, water leakage occurred in the Plaintiff’s apartment complex’s government portion, etc., and the Defendant’s council of occupants’ representatives, upon the Plaintiff’s request after the instant construction work, performed the repair work of water leakage of the Plaintiff’s apartment complex around June 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 6, Eul evidence 1 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. After Defendant Taewon Construction, the Plaintiff’s assertion that the liability for damages occurred, the Plaintiff’s construction performed the instant construction, and the Plaintiff’s apartment building caused damage to the Defendant and Taewon Facilities by drinking water on the ceiling and the living room walls of the apartment building. Since the water leakage can be deemed to have occurred due to the rooftop waterproof construction among the instant construction works, Defendant Taewon Construction is obligated to compensate for the said damage.

In addition, the defendant's council of occupants' representatives responsible for the management of the rooftop, which is the section for common use of apartment, is the plaintiff's apartment from May 20, 201 when the plaintiff completed the construction of this case.