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(영문) 서울남부지방법원 2019.11.08 2019가합101633
손해배상(기)
Text

1. The defendant shall state to the plaintiffs the "total sum of the requested amount and the quoted amount" as stated in the separate sheet.

Reasons

1. Basic facts

A. The plaintiffs are sectional owners of the Yangcheon-gu Seoul Metropolitan Government H apartment (hereinafter "the apartment of this case") and the number of the same club owned by them is as stated in the corresponding “the claim amount and the quoted amount” in the attached Form.

Plaintiff

B, Plaintiff C, Plaintiff D, and Plaintiff E are residing in each same subparagraph.

B. The Defendant, as the project implementer of G-building rearrangement project, is constructing J apartment (hereinafter “Defendant apartment”) on the ground of 24,519 square meters above the I land located on the south side of the instant apartment.

On March 27, 2018, the defendant completed the structural construction of apartment buildings.

[Ground of recognition] Facts without dispute, Gap evidence 1-4, 6-8, Gap evidence 2-6, 7-7, the purport of the whole pleadings

2. As to the cause of claim

A. The plaintiffs asserted that each apartment building owned by the plaintiffs was damaged by sunshine environment that exceeded the tolerance limit due to the construction of apartment buildings by the defendant, and sought compensation for property damage or compensation for damage caused by tort against the defendant.

B. Determination 1 of the first liability for damages can be legally protected when the owner of the land, etc., who previously enjoyed the first liability for damages, has value as an objective living benefit. In other words, the number of sunlight that occurs due to the blocking of sunlight due to the increase of sunshine in the vicinity of the building or structure, namely, the number of sunlight that has been previously enjoyed on the land in question, in order to be evaluated as an illegal harmful act going beyond the scope of legitimate exercise of right, the degree of sunshine sunshine generally goes beyond the limit of tolerance of the owner of the land in question, and whether the obstruction of sunlight goes beyond the limit of tolerance under the generally accepted social norms, the degree of sunshine interruption, the legal nature of the damage benefit, the purpose of the damaged building, the regionality, etc.

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