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(영문) 대전지방법원서산지원 2016.02.02 2015가단52932

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 11, 2015, the Plaintiff acquired a house for electric power source C (hereinafter “instant building”) at Seosan-si, Seosan-si, and resides therein from that time to that time.

B. After the Plaintiff acquired the ownership of the building of this case, the Defendant started to establish a house of electric source (hereinafter referred to as “Defendant building”) on the ground of D forest located immediately preceding the building of this case, and completed it as of the date of closing argument.

C. The site of the instant building and the Defendant building is built in the form of stairs as an electric housing complex.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is that the site of the building of this case is an area with a special value in view of the outside from the place, as it is a table area, such as a wide area on the front side of the building, and a side by the reservoir’s view.

This is because the reason why the Plaintiff purchased the building of this case has taken into account the importance of the view.

As a result of the new construction of defendant building, the benefit of view enjoyed by the plaintiff was infringed, the plaintiff suffered loss, and the plaintiff sought compensation against the defendant.

B. Determination 1 if it is objectively recognized that the landscape or view that the owner of a building has previously enjoyed from the building has the value as a single living benefit, such benefit of view can, in principle, be legally protected, and such benefit of view has special value in view of the outside from the place, and such benefit of view should be approved as the benefit of view that the owner or possessor of the building has enjoyed from the building, such as the case where the building has been constructed for the important purpose of enjoying such benefit of view.