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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. According to each of the descriptions, images, and the entire purport of the arguments, as stated in Gap evidence Nos. 1 through 3 and 5 through 8 (including household numbers), there is no dispute between the parties to the basic facts, or according to the overall purport of the pleadings, it is recognized that the accident (hereinafter referred to as the "accident in this case") occurred on August 25, 2015, where the glass of the outer wall of the building on the 8th floor of the building of the 5-51 ground surface (hereinafter referred to as "the building in this case") of the Changwon-si, Changsi, Seowon-si, Masi, the 5-51 ground surface of the building in this case (hereinafter referred to as "the building in this case") falling short of the 8th floor of the building in the vicinity of the building in this case and falling short of a large number of favorable power
2. The parties' assertion
A. The Plaintiff’s outer wall of an aggregate building falls under the section for common use of the building, and the Defendant who preserves and manages the building of this case is obligated to take protective measures, etc. so that the building’s outer wall is destroyed and damaged so that it does not fall.
Nevertheless, the accident of this case occurred due to defects in the construction or maintenance of the building of this case, and the defendant is liable to compensate the plaintiff for damages caused by the accident of this case.
B. Defendant’s assertion 1) The Defendant did not neglect his duty of care for the maintenance and preservation of the building of this case. The accident of this case occurred due to force majeure which was anticipated, and also occurred due to the wind of the Plaintiff’s illegal parking in the parking-restricted area. Thus, Defendant does not assume the responsibility as the possessor of the structure. 2) Even if the Defendant is liable for damages caused by the accident of this case, even if the Defendant is liable for damages caused by the accident of this case, it is not due to the accident of this case, and thus, it should be excluded from the scope of liability for damages.
3. Determination
A. The construction of a structure as stipulated in Article 758(1) of the Civil Act, which caused the liability for damages.