1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the descriptions in Gap evidence 1 to 5, Eul evidence 1 to 1-2, Eul evidence 2-1, 2, 3, Eul evidence 3-1, 3-2, and the whole purport of pleadings.

(1) The Plaintiff is a company that manufactures and sells synthetic resin, industrial tapes, etc. from the 483.25 square meters (hereinafter “instant damaged building”). The Plaintiff is a company that manufactures and sells synthetic resin, industrial tapes, etc. from the 1st floor and the 2nd floor general steel-frame factory. The damaged building of this case is the 463.25 square meters (hereinafter “instant damaged building”).

(2) The Defendant, under the trade name of “D”, is engaged in the distribution business of wholesale households in the 970 square meters of the 2nd floor sand position panel, Kacheon-si, the 2nd floor of the ground of the instant building (hereinafter “instant building”) adjacent to the instant building.

B. On April 15, 2015, F, who operates Defendant and E, entered into a lease agreement with G to lease the instant building (hereinafter “instant lease agreement”).

(2) In the instant lease agreement, there is a special agreement stating that “use for warehouse, production equipment, and sub-lease is not made.”

(3) The Defendant occupied and used the instant building for the purpose of warehouse for the wholesale and retail of households.

(4) According to the building ledger on the instant building, the approval for use was completed on December 28, 2001 and subsequently completed the process of extending the building.

(5) A lessor G completed registration of initial ownership relating to the instant building on January 7, 2002.

C. (1) Fire occurred in the instant building on March 7, 2016.

(2) From around 08:50 on March 7, 2016 to around 09:18, a truck was stopped at the entrance of the instant building. The instant truck was loaded on the instant truck by removing furnitures from the instant building, and the truck was departing from around 09:18.

(3) On March 7, 2016, a fire occurred in the instant building around 09:20, and the instant building was located.