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(영문) 서울중앙지방법원 2017.02.17 2015가단190311
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff (Appointed Party) and the appointed parties E, as well as Defendant B with respect to KRW 6,000,000, and the aforementioned amount.

Reasons

1. Facts of recognition;

A. On July 12, 2001, Selected E completed the registration of ownership transfer for 1/2 of multi-family houses (1st 62.04 square meters, 2nd 48.14 square meters, 67.84 square meters, 2nd 8.40 square meters, 8.40 square meters in a rooftop tower, hereinafter referred to as “Plaintiff’s house”) on the second floor of the wall-to-project roof of the J-J-J-based in Seoul Special Metropolitan City, Gwanak-gu, and the Plaintiff completed the registration of ownership transfer for 1/2 of the Plaintiff’s housing on August 7, 2015, and the Plaintiff and Selected E (hereinafter referred to as “Plaintiffs”) have resided in the Plaintiff’s housing.

B. The Defendants newly constructed a building “I” (137.95 square meters, 152.07 square meters, 152.07 square meters, 152.07 square meters, 42.03 square meters, 132.03 square meters, 129.83 square meters, 129.83 square meters, 21.56 square meters, hereinafter “instant building”) on November 8, 2013, which is adjacent to the Plaintiff’s housing, and completed the registration of initial ownership of the instant building among the instant building on November 8, 2013, the share of Defendant B92.6/298.9; Defendant C’s share of 98.5/298.9; and Defendant D’s share of 107.8/298.9 square meters.

C. The Defendants sold No. 401 of the instant building on February 28, 2014, and thereafter 401 were sold in succession, and Nonparty K completed the registration of ownership transfer on August 25, 2015.

The Defendants sold No. 403 of the instant building to Nonparty L and M on February 10, 2014, and L and M completed the registration of ownership transfer on April 1, 2014.

E. On October 23, 2014, the Defendants sold No. 501 of the instant building to Nonparty N, and N completed the registration of ownership transfer on October 29, 2014.

F. On September 30, 2014, the Defendants sold 503 units of the instant building to NonpartyO, and O completed the registration of ownership transfer on November 28, 2014.

G. The Plaintiff’s first floor was 2 hours and 2 hours and 2 hours per day before the construction of the instant building. However, after the construction of the instant building, the total number of sunlight hours per day and 40 minutes, and the number of sunlight hours per day was reduced to 39 minutes.

Grounds for recognition:

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