A. The Plaintiff is the owner of a parcel outside Busan Jung-gu and one other, and a living facility and a house with the third floor adjacent to the above ground (hereinafter “instant building”). The Plaintiff is residing in the third floor of the instant building.

B. On March 12, 2018, the Defendant obtained a new construction permit for business facilities and apartment houses with the 1st underground floor, the 9th ground floor, and the 9th ground level (hereinafter “multi-family housing of this case”) located in Busan Jung-gu, Busan, which adjoined to the instant building, and completed the new construction work of the instant multi-family housing around October 22, 2019.

(c)

The building of this case was newly constructed on July 4, 1997, and there were several buildings with the height of 1 to 3rd to South, but the apartment house of this case was newly built on that place after the said building was removed.

(d)

The present status of the instant building before and after the construction of the instant apartment and the arrangement status of the instant apartment are as follows.

[B] Prior to the construction of the instant multi-family housing [Attachment to the construction of the instant multi-family housing (each of the instant multi-family housing units, etc.)] [Attachment to the Construction of the instant multi-family housing]] without dispute; entry of Gap's evidence Nos. 1 through 4; Eul's evidence Nos. 1, 2, 3, and 6 (including those with several numbers); the appraisal results of appraiser E; the purport of the entire pleadings

2. The plaintiff's assertion

A. Due to the new construction of the instant apartment house, there was an infringement of sunlighting over the limit of tolerance on the instant building. Accordingly, the market price of the instant building was reduced by KRW 8,875,00, and the Plaintiff suffered a serious mental pain to the extent that he could no longer reside in the instant building.

B. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 15,875,00 (i.e., the amount of KRW 8,875,00,000 for damages caused by the infringement of sunshine) and the amount of damages for delay.

3. Determination

A. Whether the infringement of the right to sunshine is recognized or not is a case where a resident on the adjoining land was at a disadvantage blocking a direct luminous line due to the construction of a new building.