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1. The plaintiff's appeal and the conjunctive selective claim against the defendant B added in the appellate court are all dismissed.
2...
Reasons
1. The contents to be stated in this part of the basic facts are the same as the part of the judgment of the court of first instance, which is "1. Facts recognized", and thus, they are cited in accordance with the main sentence of Article 420
2. As to the Defendants’ primary selective claims
A. The summary of the cause of the claim was inflammable materials in loading the instant vehicle owned by Defendant C, which caused the occurrence of the instant fire on the instant vehicle, and the fire was burned to the instant building.
In the process, the plaintiff living in the building of this case as the lessee suffered from the injury while avoiding the fire.
Accordingly, the Defendants are liable for damages to the Plaintiff on the following grounds.
Defendant C, as the owner of the instant vehicle, has a duty of care to manage the instant vehicle so as not to cause a fire, but is negligent in neglecting this duty.
Therefore, Defendant C is liable for tort under the Civil Act.
Defendant B, as the owner of the instant building and the lessor against the Plaintiff, did not neglect any defect in the installation and preservation of a subdivision of the building installed in the first floor parking lot; did not use any fireproof finishing material to the ceiling of the first floor parking lot; or fire that was emitted from the loading of the instant vehicle due to the failure to install a fire alarm or a fire wall to the building, was burned into the instant building, but did not prevent the occurrence of a fire to the instant building and the expansion of damage therefrom in advance.
Therefore, Defendant B could not maintain the instant building, which is an object of lease, in a state suitable for the use and profit-making under a lease agreement, and could not perform its duty of ordinary protective measures necessary for the installation and preservation of the instant building, as a matter of course, under the Civil Act.
B. Therefore, the judgment is first given to Defendant C as the Plaintiff’s assertion.