1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

The Plaintiff entered into a fire insurance contract with C, the insured period from July 3, 2015 to July 3, 2035, setting as KRW 336.495 square meters of the total floor area of the 3rd floor building reinforced concrete structure of the building of the 3rd floor on the 4th floor in the Daegu Suwon-gu, Daegu-gu, the subject matter of insurance (hereinafter “victim”) as KRW 264,00,000, each of the insurance coverage amounting to KRW 264,000,000, to compensate for losses caused by fire.

On March 13, 2017, the Defendant was the owner of the third floor E on the ground, adjacent to the damaged building. A fire in the boiler room in the beauty art room in which B leased and operated part of the first floor of the above building (hereinafter “instant fire”), and the inside of the said beauty art room was removed, and the damaged building was destroyed by the spread of the damaged building through a warehouse, which is a temporary building behind the malth building (hereinafter “the warehouse of this case”).

On April 3, 2017, the Plaintiff paid KRW 4,00,000,00 of the insurance money due to the instant fire to C, the insured under the said fire insurance contract.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 3-1, 2, and 5-1, 2, and 7-2 of the evidence Nos. 3-1, 2-7-2, and the purport of the whole pleadings, the plaintiff asserts that the plaintiff is liable for damages due to the structural defect of the warehouse of this case constructed with the sand position panel which is vulnerable to fire without permission, and that the defendant is liable for damages pursuant to Article 758 of the Civil Act which provides for the responsibility of the owner of the structure.

On the other hand, the defendant asserts that the second liability of the defendant, which occurred when B is a negligence, is not established since the fire occurred due to the negligence of the lessee B who bears the primary responsibility for the damage caused by the defect of the structure in accordance with Article 758 of the Civil Code.

In addition, although the warehouse of this case is an unauthorized building, it is not related to the occurrence of the fire of this case under the Building Act.