공사금지 등
Defendant B: (i) KRW 9,104,50 for the Plaintiff (Appointed Party); (ii) KRW 4,325,250 for the appointed Party D; and (iii) KRW 7,506,750 for the appointed Party E;
1. Basic facts
A. Selected D is the owner of the Plaintiff’s Housing K-ho, the owner of J’s Housing, the owner of each subparagraph, and the Selection F, the Plaintiff’s Housing M, the Plaintiff’s share 1/3 of the Plaintiff’s Housing I, the N’s owner, the Selection, and the Plaintiff’s owner of each subparagraph of the Plaintiff’s Housing I, the Plaintiff’s share 1/3 of the Plaintiff’s Housing I, the N’s share, and the Plaintiff’s HousingO.
B. Defendant B is a person who owns a 280.9m2 in Yongsan-gu Seoul, Yongsan-gu, Seoul located outside of the Plaintiff’s house, and performed a new construction project of a 1st underground floor, a neighboring living facility and multi-household house (hereinafter “Defendant Housing”) on the above ground, and Defendant C Co., Ltd (hereinafter “Defendant C”) was awarded a contract for the said new construction project from Defendant B.
(c)
In October 21, 2019, the Alley Corporation of the Defendant Housing was completed.
(d)
The plaintiff is residing in the plaintiff's housing Nho Lake.
[Grounds for Recognition] Facts without dispute, Gap's statements, Gap's statements, Gap's 1 through 5, 7 through 10, 15, 16, 17, 18 (including branch numbers), Eul's evidence Nos. 1 through 5, 7, 12, and 13 (including branch numbers), and the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion, including the Plaintiff, has secured the right not to infringe upon sufficient amount of sunshine, view right and privacy before the new construction of the Defendant’s house. However, as the Defendants newly constructed the Defendant’s house in an area adjacent to the Plaintiff’s house, the Defendants, including the Plaintiff, infringed upon the right not to infringe on the right to sunshine, the right to view view, and the right not to infringe on privacy, thereby incurring property damage and mental suffering.
Therefore, the sperm, including the plaintiff, seek against the defendants for compensation for property damage caused by infringement of the right to enjoy sunshine, property damage caused by infringement of the right to enjoy view of the tent, property damage caused by infringement of privacy, and compensation for property damage and consolation money.
The amount of claim for the number of names (unit: the source) property damage ① consolation money2.