1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. B is the owner of a wooden bridge, 245 square meters and a 94 square meters business office of a bridge, bridge, and one-story housing (hereinafter “the instant building”) located on the land in Seosan-si, Seosan-si (hereinafter “the instant building”) and a wooden bridge and a brick bridge and a multi-story housing (it is not registered on the building ledger and the register, and the area on the tax ledger is 43 square meters, and is the 43.3 square meters in the tax ledger, and is the same as a room 1, bridge, and 2 through 5; hereinafter “the instant building”).

B. On July 29, 201, the Plaintiff is an insurer who entered into a fire insurance contract (non-dividend merz successful insurance) that sets the insurance period from July 29, 201 to July 29, 201, on which the instant commercial building and housing building are subject to insurance, and that sets the insurance period as from July 29, 201 to July 29, 201, compensates for damage caused by fire.

C. From October 10, 2006, Defendant A leased the instant commercial building and housing building in KRW 10,000,000, monthly rent of KRW 1,200,000 and run a new retail business with the trade name “D” in the instant commercial building. The instant housing building is used for a temporary residence.

A part of the attached drawing was used as a new warehouse without being able to be able to fill in a factory. D.

On March 30, 2013, a fire occurred in the instant commercial building and housing building (hereinafter referred to as the “instant fire”) and the neighboring commercial buildings were destroyed by fire.

E. Based on the appraisal result of an adjuster, the Plaintiff calculated the amount of damages of the instant commercial building, which was destroyed by the instant fire, as KRW 31,409,810, and the amount of damages of the instant building as KRW 18,658,420, respectively. On August 5, 2013, the Plaintiff paid KRW 40,739,020 (i.e., insurance money for damages of the instant commercial building, KRW 31,409,810, insurance money for damages of the instant building, KRW 9,329,210).

F. According to the appraisal report of the chief executive officer of the National Institute of Scientific Investigation who appraised the fire site of this case, there is a room for the attached drawing among the housing buildings of this case.