1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is an insurer who concluded an insurance contract with respect to part of the 1st floor of the instant building and the facilities within the building in the Sinsi-si, B and Sinsi-si (hereinafter “instant building”).

B operated a restaurant in the name of “D” in the above building.

B. The Defendant is the owner of the instant building, and is the joint operator of screen golf course with the trade name of the second floor E of the instant building.

C. On December 20, 2012, a fire occurred in the instant building. On March 14, 2013, the Plaintiff paid insurance proceeds of KRW 17,862,604 to the Defendant, and paid KRW 39,050,957 to B on March 15, 2013.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 7, Eul evidence 8, Eul evidence 1, 2, Eul evidence 3-1, 2, 4-1 through 3, 5-5, evidence 6-1, 2, 7-1 through 3, 8-8, 10-1, 2-2, and 10-2, each statement, Gap evidence 7, Eul evidence 9-1 through 4, Eul evidence 9-1 through 4, witness F's testimony, the purport of the whole pleadings

2. The plaintiff asserted that since the fire of this case occurred inside the 2nd E3th floor of the building of this case, the defendant, the owner of the building of this case, is liable for tort pursuant to Article 750 of the Civil Act and for the structure liability pursuant to Article 758 of the same Act (the plaintiff asserted that, at the time of filing a lawsuit, the defendant's lessor pursuant to Article 623 of the same Act is liable for nonperformance of the duty to maintain the condition necessary for the use and profit-making during the existence of the contract, the lease contract was already terminated due to the fire and the B was paid the insurance money from the plaintiff. The plaintiff seems to have explicitly withdrawn the above assertion) Accordingly, the plaintiff asserts that the defendant, as the owner of the building of this case, is liable for damages pursuant to Article

c. The defect in the installation or preservation of a structure as prescribed in Article 758(1) of the Civil Act, which is judged, is not equipped with the safety ordinarily required for the installation or preservation of the structure.