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(영문) 서울고등법원 2019.05.16 2018나2016650
손해배상(환)
Text

1. Of the judgment of the court of first instance, the plaintiffs (attached Form 4)'s statement of compensation details for damages to the defendant is stated respectively.

Reasons

In the first instance court, the plaintiffs filed a claim for damages against the defendant for tort due to infringement of the right to sunshine and the right to enjoy sunshine. The court of first instance rejected part of the claim for damages due to tort due to infringement of the right to enjoy sunshine and dismissed the remainder of the claim, and only the defendant appealed.

Therefore, the scope of this court's judgment is limited to the damages claim caused by the infringement of the plaintiffs' right to enjoy sunshine.

Basic Facts

1) The plaintiffs are the parties to the dispute. D apartment newly built in Gangnam-gu Seoul Metropolitan Government Seoul on November 9, 2001 (hereinafter referred to as "Plaintiff apartment complex").

(2) The Defendant is a reconstruction improvement project association established to implement a A Apartment Housing Reconstruction Project (hereinafter “instant reconstruction project”) on the date indicated in the “acquisition date of ownership” column of the claim amount list, including the Plaintiff’s apartment E-dong and F Dong on each day. The Defendant is a reconstruction improvement project association established to implement the A Apartment Housing Reconstruction Project (hereinafter “instant reconstruction project”).

(1) On December 1, 201, the Defendant obtained the authorization from the head of Gangnam-gu Office to implement the instant reconstruction project, which constructs three apartments with the maximum height of 94 meters on the land outside Gangnam-gu Seoul, Seoul and the third lots adjacent to the Plaintiff, and on December 2, 201, the said authorization was publicly notified on December 2, 201. (2) On November 14, 2012, the Defendant was authorized by the head of Gangnam-gu Office to implement the instant reconstruction project, and accordingly, the H apartment (hereinafter “instant apartment”) consisting of 31 floors on the ground, such as Gangnam-gu Seoul, and the construction of the instant apartment was completed on May 26, 2015.

Plaintiff

Among the plaintiffs in the current status of apartment dwelling, the remaining plaintiffs except plaintiffs I, J, K, L, M, N,O, P, and Q (attached Form 2) shall reside in each apartment as stated in the claim amount list.

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