손해배상(기)
1. The Defendants jointly committed against the Plaintiff KRW 29,0480,000 and against the Defendant B, from March 4, 2016.
1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the whole purport of the pleadings and video images as a whole: evidence Nos. 1-1, 2, 2, 3, 4-1, 2, 5, 6, 7-1, 2, 8-1, 8-4, and 1-4.
From August 10, 1989, the Plaintiff owned a building of 20 square meters in lushes and coagu 240.6 square meters on the land of Gangseo-gu Seoul Metropolitan Government DD large 240.6 square meters (hereinafter “Plaintiff’s housing”). From the Plaintiff’s housing to the south, there was an evaluation building of smoke and lushea apex 75.97 square meters in the first place on the land of Gangseo-gu Seoul Metropolitan Government E and F, which is located on the side of 3 meters wide from the dong-gu’s housing to the south, and there was a 5.22 square meters in the underground room and 5.22 square meters in the underground room and the 67.24 square meters in the middle floor.
B. On October 2, 2015, the Defendants purchased the above E and F land and each ground house, and completed the registration of ownership transfer under the Defendants’ name on November 20, 2015, and then removed each of the above houses on or around November 1, 2015, and on April 12, 2016, newly constructed 6-story Urban Residential Housing ( Complex Multi-household) on the ground of reinforced concrete structure, reinforced concrete roof, on the ground of the above land (hereinafter “Defendant Building”).
2. The construction of the Plaintiff’s assertion that the construction of the Defendant building infringed on the Plaintiff’s right to enjoy sunshine and the public interest in view of the view that exceeded the tolerance limit. The value decline amounting to KRW 32,560,000 for the Plaintiff’s housing due to the infringement on the right to enjoy sunshine and KRW 12,500,000 for the value decline amounting to KRW 32,50,000 for the Plaintiff’s housing due to the infringement on the right to enjoy view. Therefore, the Defendants, the owners of the Defendant building, jointly and severally, are obliged to pay the Plaintiff KRW 45,060,000 as consolation money for property damage caused by the infringement on the right to enjoy sunshine and the infringement on the right to enjoy view and the right to enjoy view, separate from the above property damages.
3. Whether liability for damages arises;
A. Part (1) of the damages claim due to infringement of sunshine interest.