The legal relationship in which the lessee of a house is damaged by a defect in the installation or preservation of a house;

Where the direct possessor of a house who is the lessee of a house suffers any damage due to a defect in the installation or preservation of a structure, the owner shall be liable to compensate for the damage, and where the direct possessor who is the victim has been negligent in the preservation thereof, the cause of offsetting

Article 758 of the Civil Act

Supreme Court Decision 77Da246 Delivered on August 23, 1977

Plaintiff 1 and four others

Defendant’s Attorney Lee Jae-sung

Seoul High Court Decision 88Na4846 delivered on March 22, 1988

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal No. 1 are examined.

Examining the evidence admitted by the court below in light of the records, the defendant-owned evidences are as follows: the plaintiff 5 and the deceased non-party who resided in the non-party 5, who leased a room in the middle of the wall surface of the kitchen on January 14, 1987, which had been located in the non-party 5 and the non-party 5 living in the non-party 5 and the non-party 5, who was living in the non-party 1, a house of 14 square meters of 14 square meters of a house of sapment and sapment and juries of the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City (location omitted) and the non-party 5's house of 14 square meters of a house of 14 square meters of a house of 14 square meters of a house of a kitchen, and there is no error in the rules of evidence that the non-party 5 and the non-party 5's owner were liable for damages caused by the non-party 5's construction of the above building.

The grounds of appeal (2) and (3) are examined.

If the plaintiff et al., as the lessee of the instant house, suffered damage due to the defect in the installation and preservation of a structure such as the approval of the court below, the owner shall be liable to compensate for the damage, and if it is deemed that there is a negligence in the preservation of the victim's direct possessor, it shall be the ground for offsetting the negligence. Thus, it is reasonable to recognize that the victim et al. was negligent in failing to perform the house repair duty so that the gas is not leaked, such as the approval of the court below, and to offset the negligence by 50 percent, so it is reasonable

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-dong (Presiding Justice)