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(영문) 부산지방법원동부지원 2016.01.15 2014가합4261

손해배상(기)

Text

1. Defendant U.S. Co., Ltd. shall pay to the Plaintiffs each money indicated in the “personal amount” list of the compensation details in attached Table 1.

Reasons

1. Basic facts

A. (1) The plaintiffs are co-owners of the apartment in the column of the attached Form 1 damage compensation table of the Nam-gu Seoul Metropolitan Government AC apartment (hereinafter "the apartment in this case") Nos. 4, 5, and 6.

(2) The Defendant U.S. Co., Ltd. (hereinafter “U.S. Co., Ltd.”) is a company that newly constructed an officetel of 21 to 22 stories (hereinafter “instant building”) on the land of 1,844 square meters (hereinafter “instant land”). The Defendant’s housing guarantee is a trust contract with the Defendant’s U.S. industry, and completed the registration of ownership transfer on February 26, 2013 for the Defendant’s housing guarantee future trust.

B. The instant building, including the completion of the instant building, was completed around March 2015, and the instant apartment building was constructed in the general commercial area and the Class II general residential area, and the instant building was constructed in the general commercial area.

C. Since the construction of the building of this case, such as a daylight change, the change of daylight time, etc. of the apartment of this case 4, 5, and 6Ra is as shown in the daylight table for each household of annexed Form 2.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 1 (including each number), and Eul evidence 1 (including each number), the result of the commission of appraisal to the sunshine analysis team at the commercial university of this Court, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiffs asserted that since the construction of the building in this case causes damage to the plaintiffs, such as the right to sunshine, the right to view, and privacy that exceed the tolerance limit, the defendants jointly and severally asserted that they are liable to compensate the plaintiffs for the damage equivalent to the amount stated in the separate damages statement in the annexed Form 1.

(2) The Defendants’ assertion (A) Defendant U.S. industry’s U.S. industry infringed the Plaintiffs’ right to sunshine, right to view, and privacy due to the construction of the instant building.

Even if the acceptance limit does not exceed the acceptance limit.