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(영문) 대전지방법원 2021.02.18 2019나119853
손해배상(기)
Text

Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On May 31, 1984, the Plaintiff acquired the ownership of B large-scale 1,271 square meters (hereinafter “No. 1”). On November 16, 1984, the Plaintiff acquired the ownership of 66/181 square meters (hereinafter “No. 2”) in the Dong-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, Seoul Special Metropolitan City (hereinafter “No. 181 square meters”) located adjacent to land.

B. Land Nos. 1 and 2 is classified into Class 2 ordinary residential areas among the areas for use under the National Land Planning and Utilization Act. Land Nos. 1 is located where a lessee who leased land No. 1 from the Plaintiff installs and operates the facility, and land No. 2 is located in an iron plant building.

(c)

On March 31, 2016, the Defendant started to construct 12 units of apartment buildings of 18 to 24 stories (hereinafter “instant apartment buildings”) in the Dong-gu Seoul Special Metropolitan City located in the south direction of the land No. 1 and No. 2 adjacent to the Daejeon Special Metropolitan City, Daejeon Special Metropolitan City, as a residential environment improvement project within the H zone of Daejeon Special Metropolitan City D, E, F, and G members, and completed the construction thereof on December 2018.

(d)

Land Nos. 1 and 2 and the horizontal and vertical location of the apartment of this case shall be as specified in attached Form 1.

E. In comparison with before and after the construction of the instant apartment, hours of sunlight during the total hours from 8:0 p.m. to 16:0 p.m. based on the wintering date of land 1 and 2, and continuous hours of sunlight during the hours from 9:0 p.m. to 15:00 p.m.

Land 5:54:55 1:59 1:258 4:58 4:301 2:34:39:33:01 / [Grounds for recognition] The fact that there is no dispute over each entry and video of the evidence (including main numbers) in subparagraphs 1 through 5, the result of each appraisal conducted by appraiser J/K in the first instance trial, the purport of the entire pleadings, and the purport of all pleadings.

2. The assertion and judgment

A. According to the Plaintiff’s assertion that the Defendant newly constructed the instant apartment, the hours of sunshine of the No. 1 and No. 2 located in the north direction of the instant apartment was significantly reduced as indicated in the 1-E table.

Such reduction of sunshine hours is land No. 1, 2.

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