1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant is the owner of the building C on the ground in Bupyeong-si (hereinafter “instant building”).

The building of this case is a reinforced concrete structure of the underground, the first floor, and the second floor, as a factory use, and a structure in the form of a provisional building used as a warehouse on the second floor.

B. D, a lessee of the second floor of the instant building (hereinafter “the instant building part”), around 20 years prior to the Defendant’s implied view, installed a set-type elevator (hereinafter “the instant elevator”) in which it is possible to move between the first floor and the second floor and use the goods for the purpose of transporting goods from the outer wall of the instant building at his own expense.

The elevator of this case is a steel structure, is fixed to the outer wall of the building of this case, and is operated by electricity.

The instant elevator was used by other lessees without removing D even after the removal from the part of the instant building.

C. On June 26, 2004, the Plaintiff and E set the lease deposit amount of KRW 5,000,000, monthly rent of KRW 500,000, and jointly operated a verbal manufacturing factory by leasing the instant building from the Defendant.

From around 2006, the Plaintiff independently operated a factory in the instant building part, and the monthly rent (around that time, the amount increased to KRW 700,000 by oral agreement) was paid by all the Plaintiff.

Since around 2004, the Plaintiff has used the instant elevator for the purpose of transporting goods.

The instant elevator was not operated due to a breakdown on December 23, 2016.

이에 원고는 이 사건 건물 2층 외벽에 멈춰져 있던 이 사건 승강기에 올라가 발을 쿵쿵 굴러 보았고, 그 순간 이 사건 승강기의 줄이 끊어져 하강하면서 원고의 신체가 이 사건 승강기와 이 사건 건물 외벽 사이에 끼이는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다.

The Plaintiff sustained injury in the instant accident.

Grounds for recognition: