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(영문) 광주고등법원 2019.09.18 2019나21070
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendants jointly do so to the plaintiffs before and after the new construction of the attached Form 2.

Reasons

. The apartment was completed;

C. Prior to the construction of the current status of the Plaintiff apartment and the Defendant apartment, low-rise buildings around the Plaintiff apartment were scattered, and there was no building that infringes on the sunshine of the Plaintiff apartment.

However, as a result of the new construction of the defendant apartment, the defendant apartment was located on the south side of the plaintiff apartment, and the narrow width between the two apartment buildings is 50.1m.

As a result of the appraisal, whether the right to sunshine exceeding the limit of admission was infringed on the plaintiff's apartment building due to the construction of the defendant apartment building, and the result of the appraisal conducted by the appraiser K of the first instance court which assessed the low market price of the plaintiff's apartment building is as follows.

o New apartment construction of the defendant, which caused the infringement of the right to sunshine and the right to access to a astronomical network that exceed the limit of admission due to the construction of the defendant apartment - The plaintiff apartment - that the right to sunshine and the right to access to a astronomical network that exceed the limit of admission due to the construction of the new apartment - the plaintiff apartment * (right to sunshine) has been affected by the infringement of the right to access and the right to access to a astronomical network beyond the limit of admission due to the construction of the new apartment - the plaintiff apartment * the total number of sunshine hours per day after the construction of the defendant apartment 4 hours or more per day before the construction of the new apartment - but the maximum speed of sunshine hours is less than 60.6 hours after the construction of the new apartment - 75.2% due to the decline of the market price above the limit of admission - the right to access to a 0-10% price per day after the construction of the new apartment - the right to access to the 1,2000.

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