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(영문) 서울서부지방법원 2015.11.05 2014가합36283

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 27,817,254 to the Plaintiff (Counterclaim Defendant) and its related amount from October 23, 2013 to November 5, 2015.

Reasons

1. Facts of recognition;

A. On December 26, 2003, the Plaintiff acquired the Seoul Mapo-gu Seoul Site and the 1st underground floor, and the 5th ground-based building (hereinafter respectively referred to as “Plaintiff’s site” and “Plaintiff’s building”).

Plaintiff

A building is a neighborhood living facility or multi-family house constructed around 200 in a state of a general residential area; neighborhood living facilities from the first to the second of the ground; the third and fourth floors from the ground; the multi-family house; and the fifth floors from the public register for the purpose of storage, work, and residence, respectively.

B. The Plaintiff’s site is abutting on the south direction between D’s site and E’s south direction. On November 18, 2011, the Defendant acquired a single floor and a second floor on each of the previous sites, and removed each of the above housing upon obtaining a building permit on February 29, 2012, and completed construction on June 18, 2012, and around October 23, 2013, the Plaintiff completed the construction of the building on each of the above sites (hereinafter “Defendant’s site” and “Defendant’s building”).

Won and the defendant's building intervals are about 1.8 meters in the south direction and about 4 meters in the south direction.

C. The daylight hours of the Plaintiff’s building were 5 hours and 54 minutes (the daylight hours between 8:00 and 16:00 on the basis of winter day) before the construction of the Defendant’s building (the daylight hours between 8:00 and 16:00, whichever is 7 hours, 2 hours, 6 hours, 34 minutes, 36 hours, 6 hours, 34 minutes, 36 hours, 46 minutes, 1 floor 2 hours and 38 minutes), 5 hours and 54 minutes during the maximum speed (the daylight hours between 9:00 and 15 hours), but it was 5 hours and 54 minutes during the maximum speed (the day hours between 8:00 and 16:00 hours between 8:0 and 16:00,000,000). However, after the construction of the Defendant’s building, the light turned out after the construction of the building (the total daylight hours and 15:30 minutes,0,16,150.4 hours);

The plaintiff and the defendant building are located in the station area of 1 minute Do newsletter from the exit area No. 2 of the F Station, and the surrounding areas, including the site, including the land.