손해배상(기)
All appeals are dismissed.
The request for taking over a lawsuit by the applicant for taking over the lawsuit is dismissed.
The appeal shall bear the costs of appeal.
The grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed) are examined.
1. As to the defendant's grounds of appeal
A. In order to file a claim for damages on the ground that a building, etc., the outer wall of which is favorable from another one’s own territory, has been built, and excessive solar reflects have occurred, and such solar reflects have been introduced into the neighboring residence, and the residents have suffered from living harm, such as interference with view to view (hereinafter “order of interference”), the degree of interference with life due to the construction should exceed the degree of generally paid (hereinafter “limit of interference”) in light of social norms.
Whether the degree of interference with daily life due to solar reflection on the building, etc. constructed exceeds the limit of participation in the social norm should be determined by comprehensively taking into account all the circumstances, such as intensity that flows into the damaged building, angle, timing and time of entry, nature and degree of damage caused by the construction of the damaged building and the location of the living room, etc., the details of benefits from damage, the circumstances and public nature of construction of the damaged building, the separation distance between the damaged building and the damaged building and the damaged building, the use and current status of use in the area where the building is located, the prevention measures and the possibility of avoiding damage, the prior relation to land use, the progress of negotiations, etc.
B. According to the reasoning of the lower judgment and the record, the following facts and circumstances are revealed.
1) The Plaintiff (Appointed Party) and the Defendant’s sperm were residents of each apartment in the same lake column in the annexed Form 2 of the lower judgment among those who reside in the instant apartment in Busan Shipping Daegu D apartment (hereinafter “instant apartment”), and either the owner of the relevant apartment, or the owner of the relevant apartment, acquired the instant damage claim from the owner of the relevant apartment.
2) The Defendant is a six-story underground floor near the instant apartment on the ground of 36,918.80 square meters in Busan Metropolitan City, Daegu G, and 2 lots in the vicinity of the instant apartment.