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1. The Defendants jointly share KRW 3,441,804 with respect to the Plaintiff, and 5% per annum from January 31, 2016 to April 20, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a co-owner of the 1/2 share of the instant building located in Gwangju Northern-gu D ground (hereinafter “instant building”). The Defendants are co-owners of the 1/2 share of the instant building and the 1/2 share of the E-ground buildings adjacent to the instant building (hereinafter “instant commercial building”). The Defendants are co-owners of the F-owned building without permission (hereinafter “instant warehouse”) and operate the furniture store in the instant commercial building.
B. On January 31, 2016, at around 13:41, a fire (hereinafter “instant fire”) occurred in the instant warehouse, and there was a damage, etc. to which the instant housing was destroyed by a fire, etc. to which the fire was destroyed.
[Reasons for Recognition] Evidence Nos. 1 through 6, Evidence Nos. 2 and 3, and the purport of the whole pleadings
2. Occurrence of liability for damages;
A. 1) The defect in the installation or preservation of a structure as referred to in Article 758(1) of the Civil Act refers to a state in which the structure does not have ordinary safety according to its intended purpose.
Such safety should be determined on the basis of whether the installer or the keeper of the structure has fulfilled his duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.
B. In addition, an accident caused by a defect in the installation or preservation of a structure means only a defect in the installation or preservation of a structure, not a cause of the occurrence of the damage, and as long as a defect in the installation or preservation of a structure becomes one of the common causes of the accident, the damage caused by an accident shall be deemed to have occurred due to a defect in the installation or preservation of a
In addition, even if a fire occurred due to a reason other than the defect in the installation or preservation of a structure or the cause of the fire is not revealed, if the fire was spread due to the defect in the installation or preservation of a structure.