[중과실치사][집32(1)형,339;공1984.3.15.(724) 396]
The scope of accidents involving gas addiction caused by the equal display of the leased building and the lessor's obligation to repair;
Unless the defect in the object of lease is in a state of damage to the extent that it is impossible to use the object of lease or is not a large scale of the obligation to repair the object of lease to the lessor, it belongs to the duty of ordinary repair and management of the lessee. Therefore, the difference in the door that the smoke gas, which is the cause of the occurrence of the occurrence of the occurrence of the smoke gas poisoning, was found to a certain extent and the defect is not able to use it, or if it is to repair it, it cannot be said that the lessor has the duty of repair without clarifying whether it is considerably large-scale construction or it is possible to select it as a simple and simple selection.
Article 267 of the Criminal Act; Article 307 of the Criminal Procedure Act; Article 623 of the Civil Act
Supreme Court Decision 83Do2096 Delivered on September 27, 1983
Defendant
Defendant
Attorney Lee Han-ho
Daegu District Court Decision 80No1742 delivered on January 23, 1981
The judgment below is reversed, and the case is remanded to the Daegu District Court Panel Division.
The grounds of appeal are examined.
The judgment of the court below, around February 28, 1979, purchased 1 house at 3 42 Don 14 Don-dong 42 Don-dong 42 Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Do-dong 9.11 of the same year, and thereafter, the defendant leased 2 Don-dong 2 Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-dong Don-do-do.
Since the fire-fighting crepans and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crepits and the fire-fighting crebs and the fire-fighting crebs and the fire-fighting crebs and the fire-fighting cres and the fire-fighting crebs and the fire-fighting cres were found to have been newly constructed.
Therefore, the judgment of the court below is reversed, and the case is remanded to the Daegu District Court Panel Division. It is so decided as per Disposition by the assent of all participating Justices.
Justices Shin Jong-young (Presiding Justice)