1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On May 23, 2011, the Plaintiff entered into a lease agreement with the Defendant to lease the building 100.955 square meters of the prefabricated-gu Seoul Northern-gu 1st floor (hereinafter “instant building”) owned by the Plaintiff by setting the lease deposit amount of KRW 5 million, annual rent of KRW 4.5 million, and the period from June 10, 201 to June 9, 2013.

B. The Defendant, while leasing the instant building, concluded an non-party Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) with the non-party Samsung Fire and Property Fire Insurance Co., Ltd., and immediately after concluding a lease agreement on the instant building, transferred the instant building from the Plaintiff and operated the instant building as “D” in mutual name from that time.

C. On March 27, 2012, around 00:14, a fire (hereinafter “instant fire”) presumed to have been emitted due to the falls of electric power lines (30/18m/2C code) connected to the kitchen, etc. of the instant building (hereinafter “instant fire”). The instant building was entirely destroyed due to the instant fire; the instant building was destroyed by Nonparty E’s car car car 1st and Nonparty G owned by Nonparty E, parked in front of the instant building, and the car was destroyed by one french, and the car was destroyed by one french. A part of Nonparty 1’s building adjacent to the instant building was destroyed by a fire.

The Defendant received the fire insurance money from Samsung Fire on May 15, 2012, and paid KRW 33,951,290 among them to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff alleged by the parties concerned that the fire of this case occurred due to the defendant's negligence and the damage caused to the building of this case owned by the plaintiff was caused by illegal acts under Article 750 of the Civil Code, or pursuant to the proviso of Article 758 (1) of the Civil Code, the defendant is the possessor of the building of this case, which is a structure.