1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. The reasoning for the court’s explanation of this case is as follows, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the additional determination of the apartment of this case is about 20 years old apartment of this case and the accident of this case occurred since the heating pipes in the middle part of the living room of the defendant was damaged on the date when the defendant started driving the heating pumps around 50 days after the date when the defendant moved into the apartment of this case. This is not intentional or negligent, but because it was an force majeure accident, so the defendant's liability for damages should be exempted or restricted. In addition, there is insufficient evidence to prove that the accident of this case occurred due to the circumstance as alleged by the defendant. In addition, when another person was damaged due to the defect in the installation or preservation of the structure, the possessor of the structure is liable for damages first and the owner of the structure is liable for damages secondly if the possessor did not neglect to exercise due care for the prevention of damages (Article 758 of the Civil Act). In this case, the owner of the structure is liable for damages regardless of the fault of the defendant (see, e.g., Supreme Court Decision 70Da2967, Mar. 30, 197).

3. If so, the decision of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.