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(영문) 광주지방법원 2018.12.06 2016가합58791

손해배상(기)

Text

1. The Defendant: (a) to Plaintiff A Co., Ltd., KRW 70,003,720; and (b) to Plaintiff E for KRW 30,00,000; and (c) to each of the said money.

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) is the owner of the building located in the Nam-gu Seoul Metropolitan City F (hereinafter “instant building”), and Plaintiff B, C, and D are the representative director, director, and employee of each Plaintiff, and Plaintiff E leases the first floor of the instant building from Plaintiff A to operate the restaurant with the trade name “G” from March 1, 2011.

B. From August 2014, the Defendant began with the construction of new apartment units (hereinafter “instant construction”) and completed the instant apartment units (hereinafter “instant apartment units”) in Nam-gu, Nam-gu, Gwangju, a neighboring site to the instant building.

C. Meanwhile, from December 30, 2014, the Plaintiff’s Intervenor newly built a library in the vicinity of the instant building from around December 30, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 12, 13, Eul evidence 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The construction of the plaintiffs' assertion that the construction of the building of this case occurred with the building of this case and rupture, etc. (hereinafter "damage to the building of this case") due to the infringement of the right to enjoy sunshine due to the apartment of this case, and losses occurred to the plaintiffs as set forth below, the defendant is liable to compensate the plaintiffs for the above damages.

15,479,64340,61,900 62,284,230,500,000 E The instant construction, and 115,06,945,945,645,64340,611,900 62,284,230,500,000 E 10,000 for mental damage due to infringement of the right to sunshine for repair due to the infringement of the right to sunshine for damages to the instant building A, for the period of mental damage due to the infringement of the right to sunshine for the maintenance of the market price of the instant building. 15,06,94510,00,000,003,50,72,100,000

B. The defendant's assertion is that the ground subsidences, vibrationss, and vibrationss of adjoining land that may arise while performing the instant construction work.