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(영문) 서울중앙지방법원 2014.04.02 2013가합18740

계단철거 등

Text

1. The part of the claim for removal upon the exercise of creditor's subrogation right among the main claims of this case is dismissed.

2...

Reasons

1. Judgment as to the main claim

A. The plaintiff asserts that the plaintiff's assertion is as follows and seeks removal of stairs installed on the outer wall of the real estate in attached Table 1 List 1.

1) The defendant is the owner of the house listed in attached Table 1 List No. 1, and the plaintiff owns the house listed in attached Table 1 List No. 2, adjacent to him, and resides there. Since the defendant has lost the view right that he had enjoyed on the outer wall of the house owned by him and suffered interference with daily life exceeding the tolerance limit under the social norms, such as loss of the right to view and infringement of privacy and damage to noise, etc., the defendant is obligated to remove the above stairs. 2) Even if the defendant cannot seek removal of the above stairs on the ground of interference with daily life exceeding the tolerance limit under the generally accepted social norms, the defendant already received a corrective order to remove the above stairs from the head of Seocho-gu, and the head of Seocho-gu does not exercise the right to exercise the right to remove the above stairs if the defendant did not perform his duty to remove it, the head of Seocho-gu has the right to exercise the right to exercise the right to request removal against the head of Seocho-gu, and the head

B. The land owner is obligated to take appropriate measures so as not to obstruct the use of adjoining land or to inflict harm on the neighboring resident’s living, by exhaust gas, heat, liquid, liquid, sound, vibration, and others similar thereto (Article 217(1) of the Civil Act). However, neighboring resident is obligated to cite the situation when it is appropriate for the ordinary use of adjoining land (Article 217(2) of the Civil Act). Meanwhile, the owner of a land or building has the value of landscape, view, view, and pleasant environment, etc. he or she has enjoyed from before.