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(영문) 부산고등법원 2015.11.26 2015나267
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The status of the party and the current status of the building 1) The plaintiff is the plaintiff's apartment houses and neighborhood living facilities (hereinafter "the building of this case") with the 2nd above the 13th above ground and the 13th above the 10th above ground lot

[Attachment 1] The owner of each unit in the table is the owner of each unit in the attached Table 1 [the hours of sunshine and view rate for each household], and the defendant is the owner of the building in the attached Table 1, and the defendant obtains a building permit from the head of Busan Jin-gu, Busan, with the permission of the head of the Gu

A) The owner of the new building is the owner of the building. The construction of the Defendant building was completed on October 25, 2012, and the present inside construction was completed and completed. 2) The building of this case is in the shape of “the” when viewed from the east, and there was each household owned by the Plaintiff on the roadside of “the”, and the Defendant building was newly built on the inside part of the building.

Meanwhile, even before the construction of the Defendant building, the structure of the instant building itself was subject to restrictions on sunshine.

3) From November 26, 2004, the registration of preservation of ownership of the instant building has been completed, the surrounding daily prices of the instant building and the instant building are designated as a general commercial area. All of the instant buildings and the instant buildings are located in the general commercial area, and the surrounding daily prices are located in various commercial facilities, such as parking lots, automobile tools strings, telecomings, restaurants, beauty parlors, etc. as the centering around the Busan subway Station. B. The changes in sunshine hours and view rates of the instant building before and after the new construction of the Defendant building are the same as the changes in the sunshine hours and view rates of the instant building, etc. as shown in the corresponding column of the attached Table 1 [Attachment 1]. [Grounds for recognition] There is no dispute, Gap 1 through 6, 13 through 16, and Eul 1 through 4 (including the number of each unit; hereinafter the same shall apply).

The results of the first instance court's on-site inspection conducted by the court of first instance, the results of fact-finding conducted by the building environment research office of the Dong University of the first instance court, the purport of the whole pleadings and arguments.

2. The plaintiff's assertion.

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