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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The 4th above ground floor C of the 1st underground floor located in Seongbuk-gu, Seongbuk-gu, Sungnam-si is a multi-household house where nine households reside, as a building approved for use by the competent authorities on October 4, 201.
B. On April 10, 2014, the Plaintiff entered into an insurance contract with the Defendant for the insurance term of 401 (hereinafter “instant housing”) under which the instant C building No. 401 (hereinafter “instant insurance contract”) as the subject matter of insurance, with the insurance term of 1404 and the insurance period of 20 years, with non-dividend dividends professional household security insurance and smart home security insurance as the subject matter of insurance (hereinafter “instant insurance contract”).
C. According to the instant insurance contract’s “the instant insurance contract’s terms and conditions of collapse, flood, and emergency damages (loss Compensation)”, the Defendant is obliged to compensate the Plaintiff for the actual damages within the scope of KRW 300 million in the event of collapse, flood, and emergency damages on the instant house. The said special terms and conditions define the “influence,” which is an insurance accident, as follows.
When a building or a structure of a building is used according to ordinary purposes, not to have the external strength, such as definition and intrusion explosion, blasting, fire, etc., all or part of the terms shall mean that the building or a structure is to be laid down automatically due to internal defects, corrosion, erosion, etc.
C. At present, there are phenomena such as the crack of floor, rooftop tower, outdoor wall, roof room room, each entrance door opening and closing is not opened and closed, the fence of the chief of the kitchen room, the glass damage of balcony windows, the rupture and rupture, etc. on the instant house.
An appraiser D conducted the appraisal of the instant housing before November 2016, and conducted a re-appraisal on May 11, 2017, as to whether the instant housing intrusion was under way. On November 201, 2016, the following opinions were presented regarding the status of the instant housing as of the time of appraisal as of November 2016.
1) The instant house is in the direction of crossing, and the degree of walking is from 1/530 to 1/590 (round 30 meters in mouth).
The level of rupture is shown in the structure and finish of the building and the level of stability assessment.