손해배상(기)
1. Of the instant lawsuit, the part concerning the claim for damages caused by the infringement of sunshine, view, and privacy and the network E are suffered.
1. Basic facts
A. On October 13, 2014, the Defendant, at Jeju-si located in a general commercial area, commenced construction works on October 21, 2014 and obtained approval for use on March 31, 2017.
E is the owner of the building of 142 square meters in Jeju, which is the land adjacent to the north of the Defendant’s building, and of 2nd floor of the building of 142 square meters in GJ and the building of 142 square meters in the ground bricks and slabs and slabs on the ground (the first floor housing and retail stores, 2nd floor housing, hereinafter “Plaintiff’s building”).
B. On July 31, 2015, E filed a lawsuit against the Defendant seeking payment of KRW 17,500,000 for damages arising from the infringement of the right to sunshine (No. 2015Gahap1280, Jeju District Court), and presented in the written complaint that additional assertion and proof of the cost of repairing the defects of the cracks arising from the Plaintiff’s building.
C. E and the Defendant agreed on September 7, 2015 during the said lawsuit (hereinafter “instant agreement”) as follows.
(1) The purpose of this case’s agreement is to fully agree on all civil petitions, such as noise and vibration, living inconvenience caused by scattering dust, various damages, etc., arising in connection with the construction of the defendant building.
(2) The defendant shall pay 5,000,000 won to E with the agreed amount for the civil petition as referred to in the above paragraph (1).
(3) After the above agreement, E shall not make a civil or criminal claim against a defendant, partner, etc. in connection with the construction of the defendant building.
④ After completion of the construction of the Defendant’s building, the Defendant shall repair the Plaintiff’s building if any material damage directly arises with respect to the construction of the Defendant’s building, and E shall immediately withdraw the lawsuit after the instant agreement.
E died on September 21, 2015, and the Plaintiffs, as children of E, took over E in the said litigation procedure, and withdrawn the said lawsuit on September 22, 2016.
E. Meanwhile, the defendant is stipulated in the agreement of this case.