1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The Plaintiff is an insurer who entered into an asset insurance contract with C and Thai City D with respect to the Embel building and girls located in Thai City from July 29, 2011 to July 29, 2016.

Defendant A is the owner of G Indones City F (hereinafter referred to as “instant building”) located adjacent to the Eelel building, and Defendant B is the H’s spouse who leased the said female building from Defendant A, and is operating the G in fact.

B. On March 16, 2012, around 12:00, a fire occurred in the instant building, and there was a damage to burning the neighboring Eel building.

(hereinafter referred to as “instant fire”) C.

On May 14, 2012, the Plaintiff, as an insurer, paid KRW 40,447,091 as insurance proceeds to C, after undergoing a damage assessment, for damages incurred by the instant fire to the Eel building, etc.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant fire occurred within the instant building.

The instant building is a wooden building of the sandd position panel structure and has a very vulnerable structure and location to fire, and electric wires, such as electric facilities, were deteriorated.

In addition, since the above building was used by dividing a narrow space into the guest room of the entrance, the fire zone function of the building is not sufficient, so burning is likely to be rapidly expanded, and fire-fighting systems were not installed.

The fire of this case was caused by the defect in the construction and preservation of the building of this case, and the combustion was expanded.

Therefore, Defendant B is the possessor of the building of this case, and Defendant A, as the first owner of the building of this case, is obligated to compensate the Plaintiff for the damages suffered by C, the insurer who paid the insurance money to C as the owner of the building of this case

3. Determination

A. “Defects in the installation and preservation of a structure” under Article 758(1) of the Civil Act means a structure’s purpose.