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(영문) 의정부지방법원 2015.04.23 2014가합50347

손해배상(기)

Text

1. The Defendant: (a) KRW 9,357,180 to Plaintiff D and 5% per annum from April 8, 2014 to April 23, 2015; and (b) the Defendant.

Reasons

1. Presumed factual basis

A. The Defendant is a project owner who intends to newly construct a multi-household house (hereinafter referred to as the “new building of this case”) on the G ground of Guri-si.

B. The Plaintiffs are owners of H-based multi-family houses at the time of Guri-si, the new building of this case. Plaintiff A owns Nos. 201, Plaintiff B and C, Plaintiff D No. 202, Plaintiff D No. 101, and Plaintiff E, respectively.

C. Prior to and after the construction of the new building of this case, the continuous sunlight hours between the total sunlight hours between 8:00 to 16:00 as of the same day (hereinafter “total sunlight hours”) and 9:00 to 15:00 (hereinafter “string hours”) for six hours at the time of the Plaintiff’s house are as follows.

After construction of 7:30 6:30 6:40 6:49 6:41 2:15 101 7:26 7:26 7:26 1:26 7:26 7:26 7:36 00 1:26 7 before construction of 2:202 6:55:45 45:49 6:25:05 7 before construction of 2:102 6:5 6:125:49 :25 :05 / 05 / 6:1252 before construction of 201 :130:49 / 25:05 / [Grounds for recognition], Gap 1 (including a provisional number), Eul 1, and appraiser I’s appraisal result

2. The assertion;

A. The plaintiffs asserted that the right to enjoy sunshine was infringed upon due to the defendant's new building of this case.

Therefore, the defendant should compensate the plaintiffs for damages caused by each infringement of the right to enjoy sunshine.

B. In the case of Plaintiff A, B, E, and C, there is no infringement of the right to enjoy sunshine, and even in the case of Plaintiff D, the Defendant is not liable for damages to the Defendant even if the amount of sunshine decreases even if the Defendant complied with the relevant laws and regulations.

3. Determination

A. In a case where the first legal doctrine on the establishment of liability for damages recognized that the benefits of sunshine enjoyed before and after the owners of land, etc. are worth being an objective living benefit, it can be legally protected.

The increase in the number of sunlights generated by the blocking of sunlight due to the construction of buildings or structures in the vicinity of the building, etc., reduce the number of sunlights already enjoyed on the land concerned.