1. The plaintiff's claim is dismissed.

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

1. On April 30, 2016, C, the husband of the Plaintiff’s assertion, (hereinafter “the deceased”) leased and resided in the second class D detached house (hereinafter “instant house”). On April 30, 2016, at around 6:00, when the Plaintiff smoked on the rooftop of the instant house, he/she suffered bodily injury under the stairs, resulting in death on May 8, 2016.

The instant housing was defective in a structure, such as that the slope of the stairs up to the second floor is not less than 45 degrees, the width of the stairs is not more than 90cm, and the height of the stairs obstacles is not more than 160cm, and the Deceased died due to the defect of the structure. As such, the owner of the structure, the lessor of the instant housing, and the Defendant, the lessor of the instant housing, are liable to compensate for the damages suffered by the Deceased and the Plaintiff.

2. “Defect in construction or maintenance of a structure” under Article 758(1) of the Civil Act refers to a state in which a structure fails to meet normal safety requirements according to its use. Determination of whether such safety requirements are met must be made based on whether the installer or keeper of the structure has fulfilled his/her duty to take protective measures to the extent generally required by social norms in proportion to the risk of the structure.

(see, e.g., Supreme Court Decision 2008Da61615, Feb. 11, 2010). In addition, there are defects in the construction or preservation of the instant housing.

Inasmuch as there is no evidence to prove that such defect resulted in death, the Plaintiff’s assertion is without merit to examine the remainder of the issue.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.