손해배상(기)
1. The Defendant: (a) KRW 13,398,700 for Plaintiff D and KRW 13,952,400 for Plaintiff E and each of the said money from December 30, 2017 to December 30, 2020.
1. Basic facts
A. The plaintiffs are owners of the 1st underground floor and the 24th above ground-ground apartment units completed in the Daegu Jung-gu H Day on March 1993 (hereinafter "Plaintiff apartment units"). The specific ownership relationship of the plaintiffs is as listed below.
(B) The Plaintiff’s household (hereinafter, the Plaintiff’s household is specified as the number of houses omitted. The Plaintiff’s household shall be specified as the number of houses omitted. The time of acquisition of the ownership shares in the number of housing units No. 1 K on November 3, 1993, which owned the Plaintiff’s sole ownership L B 1/2, Nov. 3, 201, the Plaintiff’s sole ownership of Plaintiff C on November 3, 201, Nov. 4, 2012, the Plaintiff’s sole ownership of the Plaintiff’s NE on March 23, 2007. < Amended by Presidential Decree No. 17015, Nov. 6, 1993>
The Defendant operated a housing construction project for Q apartment of the size of 15 to 23 above ground and 5 units of Q apartment (hereinafter “Defendant apartment”) in the Daegu-gu Pow adjacent to the south side of the apartment building of the Plaintiff.
C. On December 30, 2017, the Defendant completed the construction on the top floor of the apartment complex.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings
2. The plaintiffs asserted that they had sufficient sunshine volume and front front before the new construction of the defendant apartment. However, the defendant newly constructed the defendant apartment building adjacent to the plaintiff apartment, thereby infringing the plaintiffs' right to sunshine and view beyond the tolerance level under the social norms.
As a result, the plaintiffs suffered property damages that fall in the value of the apartment owned by them.
Accordingly, the plaintiffs seek payment of each money indicated in the “light” column in the attached Form No. 1 as property damages against the defendant due to the interruption of sunshine and property damages due to infringement of view rights in the attached Form No. 1 as property damages.
3. The occurrence of damage liability;
A. Determination 1 on the assertion of the obstruction of sunlight is objective for the benefit of sunshine that the owner, etc. of the land had enjoyed from the past.