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(영문) 부산고등법원 2015.12.16 2015나2409

손해배상(기)

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, and the defendant’s additional argument in the trial of the court of the court of the first instance is consistent with the reasoning for the defendant in the judgment of the court of the first instance, and it is consistent with the reasoning for the defendant in the judgment of the court of the second instance, as it is stated in the main sentence of Article 420 of the Civil Procedure Act.

Article 12 of the first instance court's decision No. 5 of the first instance court's decision No. 5 of the first instance court's decision "the defendant or the defendant corporation" shall be read as "the defendant".

Part 5 of the judgment of the first instance court, "the apartment of this case and the defendant's building of this case shall be located in the general commercial area." The apartment of this case shall be located in the general commercial area and the Class 2 general commercial area, and the defendant's building of this case shall be located in the general commercial area."

Each "the result of the appraiser AA's appraisal" in Part 6, part 3, and part 11 of the judgment of the first instance court shall be "the result of the appraiser A's appraisal".

Each "this Court" in Part 6, part 3, part 10, and part 11 of the decision of the first instance shall be deemed to be "the court of the first instance", and part 16 of the part 14 shall be deemed to be "the date of the decision of the first instance court".

Part 8-2 through 3 of the judgment of the first instance court is as follows.

Since sunshines required for pleasant and healthy living, which are the objects of legal protection, are to protect local residents living at present, and thus, regionality to determine whether sunshine interruptions exceed the tolerance limit should be determined in consideration of the possibility of changes in the region, the speed of changes, awareness of local residents, etc. based on the current status and actual conditions of land use in the region, and the desirable regional improvement thereby promoting the economic efficiency of the land and the promotion of public welfare.