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(영문) 서울남부지방법원 2019.12.20 2018가합111282

손해배상(기)

Text

1. The Defendants jointly share KRW 34,998,320 with respect to the Plaintiff and the period from October 10, 2019 to December 20, 2019.

Reasons

1. Basic facts

A. The Geumcheon-gu Seoul Metropolitan Government Complex Building with the first floor and the fourth floor size of the ground (hereinafter “victimed building”) is used as the second class neighborhood living facilities for the first floor and the first floor on June 15, 2016, with the approval for use on March 22, 2014, and the second class above the second class above the ground (6 units per floor), the second class above the ground, and the fifth class above the ground (6 units per floor), the fourth class above the ground, and the apartment-type residential house (6, 7 units of the third class and the fourth class household units of the 8th class).

B. The Plaintiff is the owner of 23 rooms of officetels 23 among the damaged buildings (the remainder of officetels excluding subparagraph E) and urban residential housing F, who resides in subparagraph G.

C. The Defendants, as the owners of H, H, and I’s land in Geumcheon-gu Seoul, filed a report on the commencement of construction on October 19, 2017, and newly constructed a main complex building with the size of 1st underground floor and 10th ground level above the ground (hereinafter “the main complex building”). The main building was approved for use on February 28, 2019.

The Maritime Building is located in the south side of the damaged building, and the damaged building and the area where the Maritime Building is located is the quasi-residential area.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. A claim for damages caused by infringement of the right of sunshine, the right of mutual assistance, and the right of privacy;

A. Following the Plaintiff’s assertion that the construction of a new building infringed on the right to sunshine, astronomical lighting network, and privacy that exceeded the tolerance limit on the damaged building. Accordingly, the market price of the office-type J, K, L, G, M, N,O, P, Q, R, and urban residential housing F-type housing owned by the Plaintiff has lowered.

The Defendants shall compensate for damages suffered by the Plaintiff due to the market fall.

B. In cases where the owner, etc. of land of the relevant legal doctrine regarding the claim for damages caused by infringement of the right to enjoy sunshine recognizes that the right to enjoy sunshine has value as an objective living benefit, it may be subject to legal protection. However, the construction of a new building or structure in the vicinity thereof.