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(영문) 수원지방법원 2015.11.05 2014가합12051

손해배상(기)

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1. The Defendant’s KRW 30,520,80 to the Plaintiffs, as well as 5% per annum from October 18, 201 to November 5, 2015, respectively.

Reasons

1. Basic facts

A. The Plaintiffs newly built two-story housing units (hereinafter “Plaintiffs’ buildings”) on the land of 623 square meters above the 1997 Masung-si, Masung-si, and reside in the building from June 1999.

B. The Defendant newly constructed multi-family housing of 4m above ground with a height of 2,345.67m2 and height of 17m on D’s ground in Masung-si (hereinafter “Defendant building”) and obtained approval for use on October 18, 201.

[Ground of Recognition] Unsatisfy, entry and video of Gap evidence 1 through 5 (including each number in the case of additional number), the result of the commission of appraisal to E by this court, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Defendant shall pay the Plaintiffs property damages amounting to KRW 20,520,80 due to the infringement of the right to sunshine, and KRW 79,860,00,00, such as fences, etc. to prevent privacy infringement caused by the Defendant’s building, and noise smelling (i.e., the cost of installing a fence for preventing noise and privacy infringement (=5,00,000,000,000,000,000,000,000,000,000,000) for the construction cost of the fence for preventing noise and privacy infringement.

B. As a result of the construction of the new building of the Defendant’s building, there was an infringement on the Plaintiffs’ right to enjoy sunshine, view, and freedom of privacy, the Defendant, as a result of such infringement, is four family members of the Plaintiffs’ family members of KRW 5,492,00,000,000 from August 30, 2011 to the Plaintiffs’ emotional damages.

6. There is a duty to pay consolation money equivalent to the amount calculated by the ratio of 10,00 won per day until February 1, 373.

3. Determination

A. The facts of recognition 1) The total number of sunlight hours and maximum duration of sunlight hours from 8:00 to 16:00 on the winter-si date of the plaintiffs' building before and after the construction of the new building by the defendant are as follows. The result of the 1000000 prone of view after the new axis before and after the division, the total number of sunlight hours of sunlight hours between 80 and 60 60 250 45 2) the total number of sunlight hours of sunlight hours in succession after the division, is as shown below.