1. The plaintiff's claims against the defendants are all dismissed.

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

1. The summary of the Plaintiff’s assertion is as shown in the annexed sheet of claim.

2. Determination

A. Article 758(1) of the Civil Act provides, “If any damage is inflicted on another person due to a defect in the construction or preservation of a structure, the possessor of the structure shall be liable for the damage. However, if the possessor does not neglect due care necessary for the prevention of damage, the possessor shall be liable for the damage.”

The legislative purport of the above provision is that a person who manages and owns a structure must pay attention necessary for the prevention of danger, and it is fair to impose liability for damages on him/her in cases where the risk is realized and the damage is incurred.

Therefore, “defect in the installation and preservation of a structure” refers to a state in which a structure does not have safety ordinarily according to its intended purpose. In determining whether such safety is satisfied, the determination shall be based on whether a person who installs and preserves the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

(1) In light of the substance and legislative intent of the provisions on the liability of structures as seen earlier, and the standards for determining “defects in the installation and preservation of a structure,” the responsibility of structures is recognized in cases where the inherent risk in a structure is realized due to the defect in the structure itself, thereby causing damage to the structure.

However, as alleged by the Plaintiff, even if the driver's view is partly changed due to the installation of landscaping facilities and the separate removal box around the instant parking facilities, it cannot be viewed as a defect in landscaping facilities and large waste removal box itself, as well as parking facilities which are structures.

In addition, each statement or image of Gap evidence Nos. 1 to 7 (including branch numbers) and this Court.