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(영문) 서울동부지방법원 2020.07.17 2018가단114182

손해배상(기)

Text

1. The defendant,

A. Of the fourth floor of the building listed in the attached list, the Plaintiffs are as follows: Annex 1, Annex 1, 2, c., 4, 1.

Reasons

1. Basic facts

A. Plaintiff A is the owner of the first and fourth underground floor of Gangdong-gu Seoul Metropolitan Government (hereinafter “victim building”) and Plaintiff B is the spouse of Plaintiff A and reside together in the damaged building F, and Plaintiff C leased and resides in the damaged building G around December 2, 2016.

B. On December 29, 2017, the Defendant newly constructed a multi-household and neighborhood living facility with the five-story size (hereinafter “a hazard building”) with the previous second-story detached house located in Gangdong-gu Seoul Metropolitan Government H, adjacent to the damaged building, and completed the registration of initial ownership on January 5, 2018.

C. On March 15, 2018, the Defendant changed the structure of the stairs-type structure of the 40th and the 5th floor without obtaining approval from the competent authority, and started an extension work where the 12.54 square meters and the 5th floor area are expanded by 12.82 square meters on the wall side of the 3rd and lower 12.54 square meters and the 25.82 square meters on the wall side of the 3rd and lower 15th 2018.

(hereinafter “instant extension”). D.

The Maritime Building has a approximately 4.7m distance from the damaged building due to the due south of the damaged building.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, fact-finding results on the head of Gangdong-gu, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the construction and extension of a new building alleged by the plaintiffs are affected by the right to enjoy sunshine, view, and privacy, the defendants primarily have the duty to remove the extended part of this case, pay 100 million won to the plaintiffs as property damages, and pay 10 million won to the plaintiffs as consolation money. If the request for removal of the extended part of this case is not accepted, each of the above money shall be claimed as preliminary payment.

B. The construction of a new building in the relevant legal doctrine as to whether the infringement of the right to enjoy sunshine infringes on the right to light (A) a neighboring resident in the adjoining land is a straight-ray.