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(영문) 서울남부지방법원 2021.01.14 2019가단274756
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On the land of Yangcheon-gu Seoul Metropolitan Government, the Plaintiff installed three units of container temporary buildings on the land of Yangcheon-gu and used them as C office for replacement of the C office, and the Defendant is the owner of the Yangcheon-gu Seoul Metropolitan Government Land and the building “E building” on its ground (hereinafter “instant building”).

B. On July 5, 2019, around 17:54, a fire (hereinafter “fire”) occurred in the vicinity of a storage place, such as a paper stuff, located in a space between the outer wall attached to the building of this case and the outer wall of the neighboring C business place, and part of the Plaintiff’s C business place outer wall and container office were destroyed.

(c)

The outline of the place where the fire of this case occurred is as follows, and the place where the fire of this case occurred (the space between the outer wall of parking and the outer wall of the C business place) is the land owned by the defendant.

C

D. The main contents of the fire site investigation in relation to the fire of this case are as follows: - When comprehensively taking into account the related persons’ statements, the form of combustion of household smoke, etc., the fire is presumed to have been burned out first from the recycled combustible materials stored in the space between the first floor outer wall and the C office outer wall of the building of this case and to have been burned down in the direction of the upper floor, C office outside wall, and container office due to parking, it is presumed that the fire was burned out in the direction of the upper floor, C office outside wall, and container office.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3, Eul evidence Nos. 1 and 2, and arguments.

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