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(영문) 대구지방법원김천지원 2020.05.08 2019가합15413
손해배상(기)
Text

1. The defendant's name "name" in the attached Table 1 sheet shall be as shown in attached Table 1 to each plaintiff (appointed party) and the selector.

Reasons

1. Basic facts

A. The parties (i.e., the appointed parties) and the appointed parties (hereinafter collectively referred to as the “Plaintiffs, etc.”) are the sectional owners of each household indicated in the attached Table 2 of the V apartment in the old U (hereinafter “Plaintiff apartment”)

(2) The plaintiff's apartment construction of X apartment of the size of the 2nd underground and the 23th unit above the ground of the plaintiff's apartment on the south of the plaintiff's apartment (hereinafter referred to as "the defendant's apartment") is owned by 1/2 of the number of designated parties in the same household. The plaintiff's apartment construction of X apartment of the 2nd underground and the 23th unit above the ground of the plaintiff's apartment.

B. (i) The current status and separation distance of the Plaintiff’s apartment and Defendant’s apartment and the Plaintiff’s apartment were approved for use on June 28, 2017.

Dol apartment site was the site before the construction of the defendant apartment building.

Article 22(1) of the Civil Act provides that the employer shall be liable for damages due to the violation of Article 3(1) of the Civil Act.

Applicant, the defendant completed the structural construction of the defendant apartment on February 25, 2019, and obtained approval for the use of the defendant apartment on November 28, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6 through 9 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 5, 6 and 8, and the court's commission of appraisal to appraiser Y, and the purport of the whole pleadings

2. The Plaintiff et al. asserted that the Plaintiff et al. secured a sufficient amount of sunshine before the new construction of the Defendant apartment. However, as the Defendant newly constructed the Defendant apartment building adjacent to the Plaintiff apartment, the Plaintiff et al. suffered property damage and mental suffering that lowers the value of the apartment property due to the infringement of the right to sunshine and the right to mutual assistance.

Therefore, the plaintiff et al. is out of the claim details of attached Table 2 against the defendant for property compensation due to infringement of right of sunshine (the "property value decline due to infringement of sunshine" in attached Table 2) and the claim details of attached Table 2 for property compensation due to infringement of right of mutual assistance.

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