beta
(영문) 서울고등법원 2016.12.15 2015나29321

손해배상(기)

Text

1.(a)

Attached Form 2.1, among the parts against the defendant in the judgment of the first instance, to order payment below.

Reasons

1. Basic facts

A. 1) The Defendant is a housing reconstruction and rearrangement project association established for the purpose of promoting a housing reconstruction and rearrangement project in Gangseo-gu Seoul Metropolitan Government G, with the authorization of project implementation on May 6, 2009, and with the authorization of project implementation on the said area, H apartment with 37 units of 2,603 above ground-based 21 stories in the above area (hereinafter “instant apartment”).

A new construction project was implemented. The instant apartment was commenced on May 11, 201 and completed on January 201, 2014, and was completed on or around June 2014. 2) The Plaintiffs are attached to the Gangseo-gu Seoul Metropolitan Government F apartment (hereinafter “Plaintiff apartment”) at the time of January 2014, which was completed by the structural construction of the instant apartment.

2. The details of damages [Attachment 1] to [Attachment 4] [Attachment 4] dong - Dong - Dong - Dong 5] are the sectional owners of each household, and whether they reside or not are the same as the "(12) residence."

B. The current status of the Plaintiff’s apartment and the instant apartment are located in both the Plaintiff’s apartment and the instant apartment and the instant apartment are located in the Class 2 through 3 general residential areas, and specific location, arrangement, horizontal, and vertical location relationship is attached to the attached Form.

3. The same shall apply to the descriptions and images of paragraphs (1) and (2) of the drawings;

C. The separation distance of 101, 121, 122, 135, 136, 138, and 139 apartment buildings of this case, where the plaintiffs are residing, facing each other, is 49.97m or 64.5m (existing about 38m).

Plaintiff

The height of apartment is 45.14m or 63m, and the height of apartment of this case is 52.51m or 61m (existing 17.7m or 20m).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 11, Eul evidence 8, 10 (including a provisional number; hereinafter the same shall apply), the result of the appraisal by the AppellateJ of the first instance court, the result of the appraisal by the Appellate GI of the trial court, the purport of the whole pleadings

2. The plaintiffs alleged that they suffered mental suffering due to the new construction of the apartment of this case, due to the infringement of the right to sunshine and the right to a astronomical cooperation, which exceed the tolerance limit, and that the market price of the apartment of this case was lowered.