손해배상청구
1. The Defendant’s KRW 24,010,40 for the Plaintiff and 5% per annum from March 20, 2020 to February 5, 2021.
1. The Plaintiff owned a multi-household-family house (damageed building) with the 1st basement in Jongno-gu Seoul Metropolitan Government and the 3rd above ground-based multi-household-family house (hereinafter “damage-based building”) and resided in the 3rd floor, and the Defendant owned a D land adjacent to the damaged building and newly constructed an urban-type residential house (a hazard-based building) with two Dongs on that ground.
[Reasons for Recognition] Uncontentious Facts, Gap 1 to 7 evidence, Eul 3 to 7 evidence, the purport of the whole pleadings
2. Determination on claim for damages caused by infringement of the right to enjoy sunshine
A. (1) The establishment of liability for damages should be determined by comprehensively taking into account all the circumstances, such as the degree of damage, the nature of the damaged interest and the social assessment of the damage, the purpose of use of the hazard building, the regional nature of the land use, the possibility of preventing and avoiding damage, the possibility of the infringement of public law regulations and the progress of negotiations, etc. (see, e.g., Supreme Court Decision 2002Da63565, Oct. 28, 2004). With respect to the standards for the above limit of liability, the degree of interference with sunshine should exceed the generally accepted limit limit in light of social norms, and whether the act of sunlight has exceeded the generally accepted limit in light of social norms, and whether the act of sunlight has exceeded the generally accepted limit in light of the characteristics of the land and the population of the Republic of Korea, the tendency between the building and the height of the building to secure efficient use of the building, etc. (see, e.g., Supreme Court Decision 2002Da63565, Oct. 28, 2004).