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(영문) 부산지방법원 2018.11.14 2017가합48433

손해배상(기)

Text

1. The defendant shall make to the plaintiffs each relevant money and each of the above money recorded in the monetary award column in the attached Form 2 compensation statement.

Reasons

1. Facts of recognition;

A. The plaintiffs are co-owners of the pertinent building in the column of lake in the table of claim amount in the annexed table of the attached table 1 of the P building of the Gangseo-gu Busan (14th height apartment and business facility; hereinafter referred to as the "the building of this case") in Busan (hereinafter referred to as the "the building of this case"), and among the plaintiffs, plaintiffs A, D, E, H, H, L, M, and N are residing in the corresponding building as stated in the column of the above lake.

B. The Defendant newly constructed an apartment house of 15 stories high from the Busan-gu Q and R ground, the next side of the building site of this case (hereinafter referred to as the “new building of this case”).

C. The Defendant obtained a construction permit on March 17, 2017 for the instant new building, and completed the construction work from March 25, 2017, and obtained approval for use on May 18, 2018.

Among the buildings of this case, the living room lighting windows of the plaintiffs of this case toward the north-dong side, and the outer wall of the new building of this case and 1.9m away from the outer wall of the new building of this case.

[Ground of recognition] A without dispute, Gap evidence 1-1 to 15, and 17-17, the appraiser S’s appraisal result, the result of the appraiser’s appraisal entrustment to T, the purport of the whole pleadings

2. The Defendant asserted that the new building of this case was newly constructed by the Plaintiffs, thereby infringing upon the opening of the building of this case and privacy.

The defendant shall compensate the plaintiffs for property damage and consolation money which have arisen from such damage.

3. Determination

A. 1) In a lawsuit seeking infringement of living benefits, such as reduction of view or pressure, caused by the obstruction of view due to the construction of a building on an adjacent land, the issue of whether the infringement is unlawful as it goes beyond the generally accepted level by social norms. The issue of whether the infringement goes beyond a certain distance from the inside of the living room or windows of the damaged building to the outside through the windows of the living room or windows of the living room is visible, and it appears that there is an increase in the number of windows other than the harming building out of the total area of the windows.