임차 건물의 화재로 인한 임차인의 손해배상책임- 대법원 2017. 5. 18. 선고 2012다86895, 86901 전원합의체 판결 -

If the whole building including the leased part is interrupted by an unknown fire, the lease is terminated and the lessee is liable for damages caused by the inability to fulfill the obligation to return. In this case, the lessee shall be liable for the proof about the obligation of the competent administrator's care and the infallibility to avoid the liability for damages. But it is very difficult, and it unreasonable to pass the burden of proof on the basis of the interpretation of article 390 of the civil code. That is, the burden of proof needs to be distributed and the burden of proof shall be determined according to the criteria of the 'control and management area' of the leased object. This may also be relevant to the fact that the lessor is obliged to repair and maintain the necessary conditions for use and profit on the object. On the other hand, in relation to the extent to which the lessee is liable for damages, it is not reasonable for him to assume the responsibility for damages outside of the leased premises for the reason why it is indivisible. That is, it should be judged that there is a equivalent cause-and-effect relationship to the fire of a leased building, and that he should assume the liability only for the ordinary damages, or for special damages that may be predicted by him. In addition, the burden of proof concerning the duty of the competent administrator's care and negligence shall be assumed to lessor.