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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The pertinent Plaintiff, as a sectional owner of the first floor 1015 (hereinafter “instant building”) underground below the real estate listed in the separate sheet (around 1997 after obtaining approval for use, and completing registration for preservation; hereinafter “instant building”), is a management body consisting of sectional owners of the instant building.
B. In the instant building, the current status of passage along the parking lot of the first floor underground in the instant building and the background leading up to the occurrence of the accident, there are two vehicle traveling paths between the ground and the underground parking lot (each location on the north-west side and northwest side of the entire structure of the building).
(2) On the other hand, the part of the road surface (based on the moving direction to be lowered to the underground second floor) of the right side of the road surface (based on the moving direction to be lowered to the underground second floor) of the underground surface that connects the slope route of the ground and the underground second floor to the slope route of the second floor and the slope route of the underground surface; hereinafter “instant road”) is connected to the side side of the Plaintiff’s store. The part connected to the side surface of the Plaintiff’s store is the horizontal part of the middle zone that connects the slope of the ground and the underground second floor to the slope and the slope. The instant road along the instant road is the road via the two-way road (two-way method) used by the vehicle entering the second floor.
(3) On the other hand, on May 10, 201, an accident that shocks the right surface (the part connected to the Plaintiff’s store’s lower wall surface) (hereinafter “accident”) was occurred while the influent vehicle that entered the underground parking lot of the instant building was turned into the second underground floor after the passage of the instant dispute.
(4) Meanwhile, the part (horizontal part) connected to the lower wall of the Plaintiff shop among the instant dispute traffic roads at the time of the instant accident was not installed with a curbstone (facilities to prevent direct shock between the vehicle and the wall). At the present, a curbstone is installed.
(c).