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(영문) 인천지방법원 2018.10.16 2017가단252900

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 22, 2007, Plaintiff A acquired the ownership of D 133.3 square meters (hereinafter “Plaintiff’s land”) and of 78.33 square meters and 62.96 square meters of 2nd floor of 1st floor of 2nd floor of the brick structure and 2nd roof of the above ground brick structure slicker (hereinafter “Plaintiff’s building”).

B. As Plaintiff A’s children, Plaintiff B is residing in the first floor of the Plaintiff’s building.

C. On June 29, 2017, the Defendant acquired ownership of 11.9 square meters in South-gu, Incheon Metropolitan City Ero 161.6 square meters (hereinafter “Defendant’s land”) adjacent to the Plaintiff’s land, and of 11.9 square meters in 1st, 59.76 square meters in 1st floor, 20.59 square meters in 1st, 1st, 59.76 square meters in 2nd, 20.59 square meters in 2nd, and 4.06 square meters in affiliated buildings (hereinafter “previous building”).

The Defendant removed the previous building and newly built one story of 91 square meters and 39 square meters (hereinafter “Defendant building”) of Class 2 neighborhood living facilities on the 2nd floor of the general steel structure and other 2nd roof, and completed registration of preservation of ownership on November 24, 2017.

E. The location and shape of the Plaintiff’s building and the previous building and the Defendant’s building are as follows:

Plaintiff

A building and the plaintiff of the previous building D ED

F. Meanwhile, the Plaintiff’s land and the Defendant’s land are located in the Class-II general residential area as stipulated in Article 36(1)1(a) of the National Land Planning and Utilization Act and Article 30 subparag. 1(b) of the Enforcement Decree of the same Act.

[Reasons for Recognition: Facts without dispute, Gap evidence 1-1, 2, 2-2-1, 3-3, evidence 4-1 through 4, 8-5, 9-1, 3-1, 5-8, and Eul evidence 3, and the purport of the whole pleadings]

2. The gist of the plaintiffs' causes of action was living in the plaintiff's building and enjoying the right of sunshine and view, but the defendant removed the previous building and newly built the defendant's building, thereby infringing the right of sunshine and view.

Therefore, the defendant shall compensate the plaintiff A for damages equivalent to the amount of consolation money, which reduces the exchange value of the plaintiff's building.