The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On May 9, 2019, around 16:07, the instant building was destroyed by a fire that could not identify the cause in the second floor public building owned by the Defendant (hereinafter “Defendant building”) located in Incheon-gun, Gangwon-do (hereinafter “instant building”) (hereinafter “instant fire”).

B. Part of the Gangwon-do Incheon-gun D detached Housing (hereinafter “Plaintiff’s Housing”) owned by the Plaintiff adjacent to the instant fire was burned.

(c)

On June 27, 2019, the Plaintiff received fire insurance money of KRW 75,276,189 from E Co., Ltd. (hereinafter “E”) and repaired the Plaintiff’s housing.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 12, Eul evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant: (a) constructed the instant Defendant’s building without permission; (b) installed a fire extinguisher and a sprinkler schoolr; and (c) used the instant fire as an open air, thereby causing the occurrence of the instant fire; (d) thus, the Defendant is liable for damages due to defects in the installation and preservation of structures under Article 758(1) of the Civil Act.

Therefore, the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 136,217,073 loss (i.e., KRW 81,409,164 for the Plaintiff’s housing restoration cost of KRW 37,054,797 for the TV set of KRW 37,054,797 for the amount of KRW 3,129,50 for the amount of KRW 3,762,00 for the amount of KRW 53 days for the amount of KRW 2,762,00 for the amount of KRW 53 days for the amount of KRW 6,360 for the amount of KRW 6,360 for the amount of KRW 6,612 for the amount of KRW 75,276,189 for the amount of the Plaintiff’s housing restoration cost of KRW 81,40 for the Plaintiff’s housing restoration cost).

3. Determination

A. The installation and preservation defect of a structure under Article 758(1) of the Civil Act refers to a structure in a state where it is not safe for the structure to have ordinary safety according to its intended purpose. Whether the structure has the same safety is determined by the installer and the custodian of the structure in question.