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(영문) 서울중앙지방법원 2015.06.30 2014나40168

일조권침해로 인한 손해배상

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1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

The court's explanation of this case is as stated in the reasoning of the first instance court's decision, except for adding the following judgments to Chapter 6, Chapter 6, the first instance court's decision. Thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In addition, even if the defendants followed the standard sunshine analysis method claimed by the Defendants, in light of the following circumstances recognized as the result of appraisal by the appraiser I of the trial court, the plaintiffs suffered sunshine infringement beyond the limit of admission. Therefore, the defendants' assertion is without merit.

In other words, according to the Myeon standard sunlight analysis method, the changes in the total number of sunlight hours and continuous sunlight hours before and after the construction of a building owned by the Defendants are as follows. According to this, the remaining left left side and right side side of the Plaintiff-owned house No. A did not meet the limit of acceptance after the construction of a new building owned by the Defendants, so even if following the Myeon standard sunlight analysis method, the Defendants are obliged to compensate the Plaintiffs for damages caused by the infringement of sunlight.

After the new construction of a daylight time before and after the new construction of a new one, the number of hours in total shall be 2 hours of 2 hours and 20 minutes of 2 hours and 2 minutes of 2 hours and 2 minutes of 48, 78, 12-6, and 60 minutes of the left side of the south side of the living room, 8 hours and 42-6, 42-6, 42-6, 18 minutes and 40 minutes of 1 hour and 44 minutes of 40 minutes and 46 minutes of 40 minutes of 40 minutes and 44 minutes of 46 minutes of 1 hour in total after the new construction of a new one, the number of hours in total, and 2 hours of 2 hours and 20 minutes of 2 hours and 3.93% of the value decline rate in total (7.0% x 270 minutes/480 minutes of the average value decline rate of the day, which is calculated by applying the average value decline rate of Article 1.