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(영문) 춘천지방법원 강릉지원 2018.12.04 2017가합30968

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiff is the party to the dispute. The Plaintiff is the cement block structure and the cement block structure on its ground, the cement block structure on its ground, and the cross-story housing (hereinafter “Plaintiff’s housing”).

(2) Around December 7, 2017, Plaintiff B is the owner of the land, and Plaintiff B is the spouse of Plaintiff A, and is living together in the said housing. Around December 7, 2017, the Defendant newly constructed a building for five floors, detached houses, and second class neighborhood living facilities (hereinafter “Defendant building”).

On December 19, 2017, the registration of ownership preservation has been completed in the name of the defendant F in relation to the defendant building.

B. The current status of the Plaintiff’s housing and the Defendant’s building is adjacent to the following pictures, and the wall surface of the Defendant’s building is set up at a distance of not more than 2 meters from the boundary of the Plaintiff’s housing and the Defendant’s building. 2) Of the Defendant’s building, the wall leading to the Plaintiff’s housing is set up at a distance of not more than 2 meters: (a) the wall leading to the Plaintiff’s housing is set up on the wall of not more than 1st to 6th, 3, 3, and 6th, each of 4, 5th, and 6th, as follows:

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-1, 2, and 2-1, 2-2, Gap evidence 4-1, 2-2, Gap evidence 7-2, Gap evidence 10, 12, and 13, and the purport of the whole pleadings

2. The assertion and judgment

A. Judgment 1 as to the claim for the installation of a tea facility (A) the Plaintiffs’ Defendant building was newly built within 2 meters from the boundary of the site, and among which which, among which, in 20 windows from the first to the sixth floor of the wall surface of the Defendant’s building that leads to the Plaintiff’s housing (hereinafter “each window of this case”), the inside of the Plaintiff’s housing can be informed from the 20 window (hereinafter “each window of this case”). As such, the Defendant is obliged to install an appropriate screen facility in each window of this case where the Plaintiff’s housing is located among the window of the Defendant’s building.

B. The defendant, around August 22, 2018, at the proceeding of the lawsuit in this case, is located in polysene.