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(영문) 서울고등법원 2018.11.15 2018나2012757

손해배상금청구

Text

1. All appeals filed by the Plaintiff (Appointed Party) and the Defendants are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. In the first instance trial, the Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) may infringe on the right to sunshine against the Defendants at the first instance trial (Appointed Party C and the Incorporated Foundation (hereinafter referred to as the “Appointed Cultural Foundation”).

(1) The court of first instance rejected part of the Plaintiff’s claim for damages arising from the infringement of the right to sunshine of the designated parties (C, E, E, E, F (1201, F (1301), and the remainder of the claim for damages arising from damage, such as damage caused by the infringement of the right to sunshine of W, X, Y, F (1201, F). ② Defendant C, Inc. (hereinafter “Defendant C”) and Defendant Daelim Industrial Co., Ltd. (hereinafter “Defendant Daelim Industry”), the court of first instance rejected the Plaintiff’s claim for damages arising from the infringement of the right to sunshine of the Plaintiff, including damages arising from the infringement of the right to sunshine of the designated parties (hereinafter “Defendant C, E, E, F), the designated parties’ claim for damages arising from the infringement of the right to sunshine of the Plaintiff, and the designated parties’ claim for damages arising from the infringement of the right to equality of buildings (hereinafter “Defendant Daelim Industrial”).

Accordingly, the plaintiff (the designated parties in the purport of appeal) filed an appeal against the part of the claim for damages due to the infringement of the right to sunshine only against the defendant union, and the defendants filed an appeal against each part of the loss.

Therefore, the scope of this court's judgment is ① claim for damages on property and consolation money due to infringement of the right of sunshine against the defendant union by the plaintiff (the designated parties in the purport of appeal), ② claim for damages on property due to damage such as the plaintiff's chosome and building rupture of the large forest industry.