1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

1. Basic facts

A. The Plaintiff A is the husband of the network D (hereinafter “the deceased”) with the nationality of the People’s Republic of China, and the Plaintiff B as the deceased’s children, the Plaintiffs are the inheritors of the deceased.

The defendant is the owner and possessor of Seocho-gu Seoul Metropolitan Government E Apartment F (hereinafter referred to as the "the apartment of this case").

B. On January 28, 2016, around 11:55, the instant fire occurred, and the Deceased, who was on a household rain, died.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion that the fire of this case was installed in the apartment of this case due to gas leakage of the upper connecting part behind it, and the defendant is the possessor and owner of the apartment of this case, who is the inheritor of the deceased, pursuant to Article 758 of the Civil Code.

B. The Defendant’s assertion that the cause of the instant fire is presumed to be a burning with a flammable substance as a tobacco retailer, and even if gas was leaked by installing a gas circuit device, the gas supply was obstructed at the intermediate valve stage by the gas circuit tester, and even before the occurrence of the instant fire, the Defendant did not undergo a gas inspection by H Co., Ltd.

Therefore, it is difficult to readily conclude the cause of the instant fire as a gas leakage, and it cannot be deemed that the Defendant neglected the duty to take protective measures.

3. Determination

A. The 1-related legal doctrine concerning the occurrence of liability for damages refers to the defect in the installation or preservation of a structure under Article 758(1) of the Civil Act refers to a state in which the structure does not have safety ordinarily according to its intended purpose.

This safety is satisfied.