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(영문) 대구지방법원 2015.08.21 2013가단36627
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (i) The Plaintiffs’ housing owned by the Plaintiffs (i) are transferred on June 2, 1992 and completed the registration of ownership transfer on September 30, 1994, on the inheritance of the Plaintiff on June 2, 1992, with the housing of 143.1 square meters and 143.63 square meters of cement brick, and 68.63 square meters of cement brick, and 1.65 square meters of cement brick;

(The share of the Plaintiff A is 3/7, the share of the Plaintiff B is 2/7, and the share of the Plaintiff C is 2/7). The approval date for use of the Plaintiff’s house owned by the Plaintiff is October 2, 1976.

B. (1) The Defendant newly built the Defendant’s building: (a) purchased on November 16, 2012 and completed the registration of ownership transfer on November 29, 2012, the housing of 297.5 square meters in Daegu-dong-gu, Daegu-gu, and its ground cement brick (103.63 square meters in one story, 58.7 square meters in two stories) adjacent to the Plaintiff’s housing.

She then the defendant entrusted the work to the Seongdong General Construction Co., Ltd., and the existing house (the approval date of use, October 31, 1974) was dead, and the 6th floor building on the ground (hereinafter "the building of this case") was newly constructed at that place.

Of the instant buildings, 2, 3, and 4 are used as a warehouse.

Article 26 of the Civil Code provides that the date of permission for new construction of the building of this case shall be February 8, 2013; the date of commencement shall be February 21, 2013; and the date of approval for use shall be August 29, 2013.

[Ground of recognition] No dispute, each entry of Gap 1 through 8 (including paper numbers) and the purport of the whole pleading

2. Judgment on the plaintiffs' assertion

A. Whether or not the value of the housing owned by the Plaintiffs has diminished, the Plaintiffs, as a result of the infringement of privacy of class 4 (infringed class) of class 6 of the infringement of the building of this case newly built by the Defendant, brought down the value of the housing owned by the Plaintiffs to the Defendant for compensation for damages.

However, in light of the fact that there were two houses in the same place even before the construction of the building of this case, and the 2, 3, and 4th among the buildings of this case are used as a whole warehouse, the result of the appraisal (Supplement) commission for privacy infringement alone is private.

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