1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Basic Facts

The Plaintiff is the owner of a reinforced concrete structure and cement brick sloping roof located in Sejong Special Self-Governing City, and the Defendant is the person who operates a cafeteria of “F” restaurant (hereinafter referred to as the “instant cafeteria”) on the first floor of the 1st or upper floor of the 6th floor underground floor of reinforced concrete structure sloping roof located in Sejong Special Self-Governing City (hereinafter referred to as “E building”).

On May 30, 2014, at around 22:50, a fire occurred in the space between E building and the Plaintiff’s building (hereinafter “instant space”). On the same day, the fire occurred and 23:28 on the same day. The fire destroyed 150 square meters among the 1,398 square meters of E building, 90 square meters of the 569.22 square meters of the Plaintiff’s building, 90 square meters of the 569.22 square meters of the instant space, E building, and the house, straw, and other facilities inside the Plaintiff’s building

(hereinafter referred to as "the fire of this case". At the time of the fire, the space of this case had a tent installed by the defendant, LPgas container (4), air conditioners, air conditioners, packing paper.

During this period of May 30, 2014 (1) and May 31, 2014 (2) in Sejong Special Self-Governing City, Sejong Special Self-Governing City inspected the fire site of this case and prepared a fire site survey report, the main contents of which are as follows:

Of the space of this case, one steel line, six LPgas container, two air conditioners, one air conditioners on the wall side of the first floor of the Plaintiff’s building, one air conditioners, and one business air conditioners on the wall side of the instant restaurant.

The point of fire fighting in this case is determined as the space of this case, but it is difficult to determine specific detailed point of fire fighting because the degree of fire fighting is serious, and there is no clear evidence that rapid and severe fire fighting has occurred within a short time, and thus, it is a fire in the cause unexploitable.

In the fire site of this case, inflammable legacy are not taken, and there is little possibility of fire prevention and possibility of fighting by human care.

In the space of this case, the air conditioners of the E-building are enclosed.