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(영문) 서울중앙지방법원 2020.11.18 2020나24044 (1)

구상금

Text

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

after the filing of an appeal.

Reasons

1. Basic facts

A. The Plaintiff is a party to the dispute 1) The Eunpyeong-gu Seoul Metropolitan Government E Apartment (10 Dong-dong, 1,340 households on the ground, hereinafter “instant apartment”).

) The council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives of this case").

B) Between October 13, 2017 and October 13, 2018, with the insurance coverage period from October 13, 2018, housing fire insurance contracts covering KRW 88,889,720,00 (building 75,179,720,000, total of KRW 10,000 per general household household, KRW 13,400,000, total of KRW 300,000,000, and KRW 10,000,000 as to the above apartment with the insurance coverage period as the building, general household property, and auxiliary facilities, etc. (hereinafter “Plaintiff insurance contract”).

(2) A person who owns, manages, or occupies a facility prescribed by Presidential Decree among the following facilities shall subscribe to an insurance policy, etc. to compensate for damage to the life, body, or property of another person due to fire, collapse, explosion, etc. caused by the facility in question.

In such cases, any insurance, etc. that satisfies the details of compensation for damage pursuant to other Acts shall be deemed to have been subscribed to insurance, etc. under this Act.

"Facilities prescribed by Presidential Decree" in the former part of Article 76 (2) of the Enforcement Decree of the Disaster and Safety Act (facilities subject to insurance or mutual aid related to disasters) means facilities prescribed in attached Table 3.

[Attachment 3] Under Article 3 (1) of the Enforcement Decree of the Housing Act, each household owner of the insured household between the council of occupants' representatives and the council of occupants' representatives of this case is the insured only for individual property owned by the household, and there are a number of owners.