A. The plaintiffs own each of the corresponding sub-sections of the Seoul Yangcheon-gu Seoul Metropolitan Government B Apartment (hereinafter "the apartment of this case"), and among them, plaintiffs C, D, E, E, F, G, H, H, I, J, K, L, M, and N reside in the corresponding apartment of this case.

B. On March 20, 2014, the Defendant obtained authorization from the head of Yangcheon-gu for the implementation of A-Housing Reconstruction Project, and constructed a P on the ground of 24,519 square meters located on the south side of the instant apartment (hereinafter “Defendant apartment”), and the Defendant’s apartment was completed around March 27, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5 (including each number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The plaintiffs' claim 1) The plaintiffs' liability for damages caused by the infringement of the right to sunshine occurred due to the new construction of apartment complex of this case, and the damages and mental distress occurred to the plaintiffs who are the owners of the apartment of this case. Thus, the defendant is obligated to compensate the plaintiffs. 2) If the owner of the land, etc. has value as objective living benefits, it can be legally protected. However, if the sunshine benefits which the owner of the land had enjoyed from the previous since the new construction of a new building or structure has a value as objective living benefits, it can be legally protected. In other words, in case where the sunshine reduction occurred due to the increase of sunlight, which has been previously enjoyed in the previous land, due to the increase of sunlight, it is possible to reduce the number of sunlight generated from the new construction of a new building or structure, in order to be evaluated as an illegal harmful act beyond the scope of legitimate exercise of right, the degree of sunlight should generally exceed the limit of tolerance of the owner of the land, and whether it exceeded the limit of tolerance under the social norms.