1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Facts of recognition;

A. The Defendant is the owner of the instant house of 39.83 square meters and the underground floor of 5.06 square meters (hereinafter “instant house”). The Plaintiff is the owner of the cement brick structure, the branch brick structure, and the apartment of 41.62 square meters and the underground floor of 5.06 square meters adjacent to the instant house.

B. On January 28, 2016, the Defendant entered into a lease agreement with F on the instant housing, and had F carry out house repair, such as short heat and color construction before the lease term at F’s request. On January 29, 2016, while F was carrying out a short heat construction work, most of the Plaintiff’s housing were burned due to fire in the Defendant’s housing.

(hereinafter referred to as the "fire accident in this case"). 【No dispute exists, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. The Defendant asserted that the instant fire accident occurred due to the negligence of neglecting the duty of care to prevent the fire accident by checking and replacing the electric facilities installed in the old as the owner of the instant housing, even though he had a duty of care to prevent the fire accident.

Therefore, the defendant is liable to compensate for damages incurred by the plaintiff due to the fire accident of this case, such as repair cost, removal cost, monthly rent loss, etc. due to the damage to the plaintiff's house.

3. Determination

A. The former part of Article 758(1) of the Civil Act provides that "if the possessor of a structure causes damage to another person due to any defect in the construction or maintenance of a structure, he shall be liable to compensate for the damage." The latter part of the same paragraph provides that "if the possessor does not neglect due care necessary for the prevention of damage, he shall be liable to compensate for the damage." The latter part of the same paragraph provides that "If the possessor does not neglect such care, he shall be liable to compensate for the damage to the other person, due to any defect in the construction or maintenance of a structure, the possessor of the structure shall be liable to compensate for the damage in the first place,