손해배상(기)
1. Defendant C’s KRW 19,731,00 for the Plaintiff and KRW 5% per annum from February 15, 2014 to January 14, 2016.
1. The Plaintiff, based on the facts, is a multi-family house (one story 127.26 square meters, two stories 127.26 square meters, three stories 127.26 square meters, three stories 96.81 square meters, and 127.26 square meters of land stories 127.26 square meters (hereinafter “instant house”).
As the owner of the instant building from September 26, 1995, the Defendant B resides in the third floor of the instant housing from September 26, 1995. Defendant B is the owner of the Gangnam-gu Seoul E site, and Defendant C (Defendant B’s children) is the owner of the instant housing. Defendant B (Defendant B’s children) is the housing of the second floor owned by the Defendant B, which was on the ground above, and the multi-household housing of the 5th floor of the mentmen’s wall structure.
A) The owner of the instant building, who newly built the instant building and completed registration of initial ownership on January 20, 2014. Prior to the construction of the instant building, there was a wall (existing wall) not less than one meter between the instant housing and the Defendant B’s existing building; however, Defendant C, while constructing the instant building, had a wall up to 270cm on the south of the site owned by the Plaintiff (hereinafter “instant wall”).
【Ground of recognition】 The fact that there is no dispute, A1, 2, and B 1 through 4 (including each number number, and the purport of the entire pleadings)
2. The assertion and judgment
A. The plaintiff's assertion was caused by the construction of the building of this case by the defendants' right to enjoy sunshine and privacy that exceed the tolerance limit. Accordingly, the market price of the housing of this case was reduced, and the plaintiff suffered mental suffering that cannot be compensated only by the compensation for property damage. Thus, the defendants are jointly and severally liable to pay the plaintiff KRW 50 million for property damage and KRW 30,000,000 for consolation money.
B. 1) Determination 1) If the purport of the entire argument is added to the result of the appraisal commission with respect to the non-life appraiser F due to the right to sunshine and privacy infringement, the third floor of the instant house is 295 minutes in total, and the continuous sunlight hours after construction of the instant building from 286 minutes in total.