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(영문) 수원지방법원성남지원 2020.11.06 2020가단201971
손해배상(기)
Text

Of the instant lawsuit, the part concerning the claim for Periodical Fund shall be dismissed.

The plaintiff's remaining claims are dismissed.

The costs of lawsuit.

Reasons

1. An ex officio determination of the instant lawsuit that the Defendant paid the amount calculated by the ratio of KRW 1,225,783 per month to KRW 20 per month from January 15, 2020 to the time when the screen facility is installed with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant Defendant building”) among the instant lawsuit, is unclear in itself as to what kind of screen facility should be installed by the Defendant. As such, it is unlawful because the completion period of the obligation to pay the fixed amount is unclear.

2. Judgment on the merits

A. The Plaintiff asserts to the effect that the Defendant did not reside in the real estate listed in the separate sheet No. 2 attached hereto (hereinafter “the Plaintiff’s building”) owned by the Defendant on the wind that the Defendant did not install the facilities ordered by the court, and that the Plaintiff did not lease it to any other person. As a result, the Plaintiff asserted to the effect that the damage equivalent to the rent amounting to KRW 33,284,230 and KRW 8 million was incurred from August 1, 2016 to January 14, 2020.

B. Article 243 of the Civil Act provides that, in a case where a person constructs a window or verand, at a distance of not more than two meters from the boundary, he/she shall install a proper screen facility.

On the other hand, in a case where a resident on a neighboring land suffers a disadvantage of living benefits due to a new construction of a building, such as blocking a direct luminous line or infringing on view, the extent of the new construction should exceed the generally accepted tolerance limit under the generally accepted social norms in order to be evaluated as an illegal harmful act beyond the scope of legitimate exercise of rights. Whether the infringement has exceeded the tolerance limit under the generally accepted social norms or not shall be comprehensively taken into account all the circumstances such as the degree of damage, the nature of the benefit from damage and its nature, the purpose of the benefit from damage, the regional nature of the building, the right to use the land, the possibility of preventing the damage and avoiding the damage, the possibility of

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