손해배상(기)
1.(a)
The development of Defendant KNH Co., Ltd. is KRW 4,757,000 on February 15, 2013 to Plaintiff B and this.
1. Basic facts
A. The plaintiffs are co-owners or lessees of each corresponding number of houses listed in the attached Table 1 of the Busan B Apartment-gu W apartment (hereinafter referred to as "the plaintiff's apartment"), and the development of the defendant Eul Industrial Development Co., Ltd. is a company that constructs a new X building adjacent to the south side of the apartment of the plaintiffs (hereinafter referred to as "the building of this case"). The defendant Jeonwon Construction Co., Ltd. is the construction of the building of this case.
B. The instant building was commenced on March 28, 2012 and completed on February 15, 2013, and completed on June 21, 2013.
On the other hand, both the plaintiffs' apartment and the building of this case are within the general commercial area.
C. Prior to the new construction of the instant building, the existing land had two separate houses of Blub roof, which were built in Blub roof, and changes in the hours of sunshine, astronomical network infringement rate, level of privacy invasion, etc. of the Plaintiffs’ apartment before and after the new construction of the instant building are as shown in the attached Table 2.
[Ground of recognition] The evidence Nos. 1, 2, 9, 13 through 19 (including each number), appraiser Y, and Z as a result of each appraisal of Gap evidence Nos. 1, 2, 9, 13 through 19, the purport of the whole pleadings as a result of the verification by this court
2. The plaintiffs' assertion
A. Since the Defendants generated noise, dust, fallen, etc. in the construction process of the new building of this case and inflicted mental damage on the Plaintiffs, they should pay consolation money of KRW 1 million to each of the Plaintiffs. The Defendants should compensate for the damages equivalent to KRW 6,650,000 as repair cost due to rupture generated on the outer wall ( wall) installed around the Plaintiffs’ apartment building, which was installed around the apartment building.
B. In addition, since the construction of the building of this case causes infringement of the right of sunshine and the right of mutual assistance that the plaintiffs residing in the apartment of this case exceeds the acceptance limit, the damages and mental damages of the apartment market price should be compensated for.
C. The south-dong outer wall of the plaintiffs' apartment complex and this.