If you are frustrated with the leak in the upstairs apartment,
What if I sell my house and get a water leak complaint?

The success or failure of a water leak lawsuit
It depends on determining the cause and proving the amount of damage!

A practicing lawyer explains it with case law and examples
A Practical Guide to Resolving Water Leakage Disputes

A conflict that started from a drop of water
A water leak lawsuit that has turned into a legal battle!

Who is responsible,
How to secure evidence?

What leak victims must know
All the issues of the lawsuit are included in one volume.

Leakage is a deeper and more complex problem than you might think.
From new apartments to older houses, commercial buildings, and for-sale buildings, there is no distinction between the building's type, age, or ownership.
There are many cases where a conflict that started with a drop of water goes beyond the inconvenience of daily life and leads to legal disputes.
When you suffer water damage or are held accountable, it can be overwhelming to know what to do and how to prepare.
"Everything About Water Leakage Litigation" is a practical guidebook that organizes various types of water leakage disputes based on actual litigation cases.
The author sought to answer practical concerns by covering not only the interpretation of relevant laws and precedents, such as the Civil Code, the Apartment Building Act, and the Commercial Code, but also the technical characteristics of building structures and water leaks.
"Everything About Water Leakage Lawsuits" covers all relationships that can cause disputes due to water leakage, including those between upstairs and downstairs neighbors, landlords and tenants, sellers and buyers, developers and sub-contractors, etc. It systematically explains the main issues for each type of dispute, the standards by which the court makes judgments, and what to keep in mind in practice.
I hope that this book will serve as a guidepost for those who are caught in the swamp of leaks.

The cost of leak detection is also an issue for victims.
Leaks are difficult to resolve in a short period of time.
Leaks can occur in various places inside the building, such as in pipes.
It is not easy for the general public to determine the cause.
As a victim of a water leak, you should contact a professional company to find out the cause.
However, even professional companies often fail to identify the cause.
The basement is especially difficult.
This is because various pipes and exterior wall defects are intertwined.
In the end, the victim has no choice but to change companies and find the cause of the leak with great difficulty.
As a victim of a water leak, it is frustrating to have to pay money and not find the cause.
--- p.51

If the repair itself is possible, it is not enough to simply state that efforts were made to fulfill the repair obligation.
Failure to perform appropriate repair work constitutes a breach of the repair obligation.
If we look at it differently, an unfair result occurs.
Even if the landlord has attempted to make repairs, if the leak continues, the tenant will suffer damages.
In other words, even if the landlord has made efforts to repair the property, the fact that the tenant cannot use the property normally due to the leak remains unchanged.
If the landlord is deemed to be exempt from liability simply because he attempted to make repairs, the damage will be passed on to the tenant even though he was not at fault.
Furthermore, if the landlord's breach of duty to repair is not acknowledged in such a situation, the landlord will not make the necessary efforts to repair the property.
--- p.103

But what if the buyer doesn't have money? Sometimes, the developer borrows money, builds the building, sells some units, and then finds himself without any assets.
Since many developers are conducting business by raising funds primarily through loans, if there are a lot of unsold units, they are bound to have no assets.
In this case, it is realistically meaningless to win a lawsuit by claiming the cost of repairs from the seller.
You can auction off the other party's property with a judgment, but if they don't have any property, it's a bust.
Fortunately, there is an alternative.
Because there are so many cases where developers go out of business due to lack of money, the Apartment Building Act has provisions to prepare for such cases.
This is Article 9, Paragraphs 2 and 3 of the Apartment Building Act.
If the seller files for rehabilitation proceedings, files for bankruptcy, is dissolved, becomes insolvent, or experiences other similar reasons, the contractor is also responsible for the security in accordance with the Apartment Building Act.

--- p.163