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Reasons
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(영문) 서울북부지방법원 2017.02.15 2015가단136323
손해배상(기)
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1. The defendant shall pay to the plaintiffs each amount stated in the aggregate amount column in the attached Table 1 for each plaintiff's damages table.

Reasons

1. Facts of recognition;

A. The plaintiffs' specific ownership relationship between each owner or sectional owner of 8 households in Seongbuk-gu Seoul Metropolitan L Building Non-Dong (hereinafter "Plaintiffs") is as stated in the "Plaintiff" and the "Family Room" in the attached Table 1.

B. On June 3, 2015, the Defendant newly constructed a building of five story size on the ground of Seongbuk-gu Seoul, Seoul, located on thewest side of the building of the Plaintiffs (hereinafter “Defendant building”); around August 8, 2015, the structural construction of the Defendant building was completed; and the approval for use was obtained on August 8, 2015.

C. Changes in the hours and amount of sunshine of the plaintiffs' building due to the new construction of the defendant building are as follows.

3: Not more than 25 hours per hour: Not more than 5 hours per hour: 46 hours per annum: 30: 1: 221 after the construction: 09: 462: 462 after the construction: 30: 46: 45: 301 before the construction: 46: 172: 30 before the construction: 30: 15: 46: 46: 15: 30 before the construction: 461: 32: 06 after the construction: 146: 140: 1406: 140: 00: 50: 29: 364 after the construction: 306: 407 after the construction: 306: 297 after the construction: 30477 after the construction.

2. The plaintiffs asserted that since the defendant's right to sunshine, good faith, and privacy of the plaintiffs was infringed on the wind that the defendant newly constructed the defendant's building, the defendant shall compensate for the damages, and that the defendant shall compensate for the mental damages suffered by the plaintiffs due to the construction of the defendant's building.

3. Determination

A. (1) In determining the assertion of infringement of the right to enjoy sunshine, if the right to enjoy sunshine, etc. previously enjoyed by the landowner, etc., is deemed worthy of value as an objective living benefit.

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