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(영문) 청주지방법원 2020.09.16 2020가합10463

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On December 16, 2011, the Plaintiff completed registration of preservation of ownership of the building listed in the attached list (hereinafter “Plaintiff’s building”) and operates a restaurant in the name of “C” from the Plaintiff’s building.

B. Around 2017, the Defendant newly built 5 units of the 1-4-story building on the land outside 18 parcels, a considerable area of Cheongju-si, Cheongju-si (hereinafter “Defendant building”).

C. The arrangement of the Plaintiff and the Defendant’s building is as follows:

[Ground of recognition] Unsatisfy, Gap evidence 1-1-2 and 2, appraiser E’s appraisal result, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff newly constructed the plaintiff's building at a place where the Cheongju city can view the Cheongju city and provided it as a place where the darma had been installed, and after the darma shooting was completed, the plaintiff operated the business as a restaurant and developed the business district in which the plaintiff's building is located.

However, the defendant newly constructed the defendant's building on the first and fourth floor adjacent to the plaintiff's building, thereby causing infringement of the right to sunshine, the right to view view, and the right to view view, which exceed the limit of admission on the plaintiff's building.

As a result, the Plaintiff suffered damages of KRW 152,679,00 for the decline in the value of the Plaintiff’s building, KRW 75,186,00 for operating profit reduction, and KRW 18,72,00 for additional heating and lighting expenses, and thus, the Defendant is obligated to pay the Plaintiff damages with KRW 256,637,00 for damages and delay damages.

B. 1) Whether liability for damages is established can be legally protected in cases where the benefit of sunshine previously enjoyed by the owner of the building has value as an objective benefit of living, i.e., the benefit of sunlight can be legally protected.

However, due to the increase of the number of sunlights that occur due to the construction of buildings or structures around that building, the number of sunlights that have been enjoyed before that building, if sunshine interruption occurs, the new construction is entitled to legitimate exercise of rights.