손해배상(기)
1. The plaintiff's appeal is dismissed
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation of this case is as stated in the corresponding part of the judgment of the court of first instance, except for the following parts which have been partially dismissed, thereby citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The part of the decision of the court of first instance shall be in accordance with paragraph 6 of the second part of the decision of the court of first instance by converting the "Seo-gu" into the "Seowon-gu".
Parts 3, 16, 4, and 19 of the judgment of the first instance shall be completed as follows:
In a case where the building, which is damaged by the new construction of a Maritime Building, has already been under sunshine by another existing building, or where it is difficult to secure sufficient sunshine in itself, such as that the damaged building is not protruding or protruding out, even if the damaged building as a result of the new construction of a Maritime Building makes it difficult to secure sunlight for more than 4 hours in total between 08:00 p.m. and 16:0 p.m. from 09:00 p.m. to 15:0 p.m. on the same day, it cannot be concluded that there is any sunshine damage exceeding the tolerance limit at all times (On the other hand, even if the damaged building does not secure sunlight from the previous one, the benefits of the Maritime Building shall not be always excluded from the scope of protection.
The new building shall comprehensively take into account the degree of sunshine that had existed before the new building was built, the degree of sunlight sunshine that occurs by the new building, the degree of the total sunlight sunshine that occurs by the said two causes after the new building, the degree of the sunshine that overlaps with the new building, the degree of the sunshine that occurs by the previous causes, the ratio of the duration sunshine that occurs by the new building to the total duration of the sunlight blocking, the duration of the sunshine that occurs by the new building, and the degree of the duration of the sunlight that occurs only by the new building, etc.