1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. As between B and B, the Plaintiff concluded a fire insurance contract with only the Republic of Korea, wherein the insured Party B, and the wooden machine, bridge roof, detached house, and household effects in Seo-gu, Daegu Metropolitan City, with the insurance period from March 11, 2014 to March 11, 2024.

CE

B. The Defendant is the owner of a house located in D (E corresponding to D) (hereinafter “Defendant’s house”) under the following, adjacent to the location of the subject matter of insurance:

C. On November 20, 2014, a fire that occurred around 01:30 (hereinafter “instant fire”) caused damage to the subject matter of insurance, Defendant’s housing, etc.

On January 14, 2015, the Plaintiff paid KRW 31,948,488 as the insurer for the damages suffered by B as the insurance proceeds.

[Ground of recognition] Facts without dispute, Gap 1-8 evidence, Eul 1, the purport of the whole pleadings

2. The plaintiff's assertion that the fire in this case occurred in the defendant's house and burned the subject matter of insurance, and the defendant is the possessor of the defendant's house, who is liable to compensate for damages incurred to others due to defects in the installation and preservation of the structure, and therefore, he is liable to compensate for damages incurred to the plaintiff who acquired the right of indemnity by paying insurance money to B.

3. As to whether the instant fire occurred in the Defendant’s housing, a witness F (No. 14 of the evidence No. 11) stated in the police that “I conviction in the Defendant’s house that the fire occurred in the Defendant’s house because I had been observed from the window of the inside of the Defendant’s house, and that I think I think I would think I would not have a fire in the electrical system. I think I think I think I would like to think I would like to think I would like to do not have a fire in the electrical system.” According to the police’s report on the result of identification at the fire site of the police (No. 11-1 of the evidence No. 11), I would like to find the Defendant’s house room 2 (the part in which the instant fire occurred) and adjoining G and C.