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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
The plaintiff is the owner of the second floor of the building C (hereinafter referred to as "the commercial building of this case") in Ansan-si, and the defendant is the owner of the building E, the upper floor of the building of this case, among the commercial buildings of this case.
Since May 2018, the number of defects occurred in E-No. D, and after the filing of the lawsuit in this case, the defects were repaired.
[Ground of recognition] The plaintiff's assertion as to the plaintiff's assertion of Gap's evidence Nos. 1 and 5, and the purport of the whole argument is that the plaintiff suffered losses not paid rent from the tenant due to leakage. The defendant is the owner of the commercial building No. 5 of this case, and the defendant is liable to compensate for such losses.
Judgment
Article 758(1) of the Civil Act provides, “If damage is inflicted on another person due to a defect in the construction or the preservation of a structure, the possessor of the structure shall be liable for the damage: Provided, That if the possessor does not neglect due care necessary for the prevention of damage, the owner shall be liable for the damage.”
Pursuant to Article 758 of the Civil Act, the liability for damages incurred to another person due to the defect in the installation or preservation of a structure shall be primaryly and specifically controlled by the possessor of the structure, who actually occupies and manages the structure, and the possessor of the structure shall be held liable for damages secondaryly when he/she is discharged from liability by proving that the possessor of the structure has not neglected due care necessary for the prevention of damages (see, e.g., Supreme Court Decision 92Da23551, Jan. 12, 1993). In full view of the purport of pleading in the statement in subparagraph 1 B, the Defendant entered into a lease agreement with F on January 13, 2017 with the term of lease of the commercial building in this case with F, which shall be five years, and the fact that F, a stock company, after which it changed its trade name into H, can be recognized.
However, H Co., Ltd. damages.