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(영문) 서울북부지방법원 2020.06.11 2016가합25120
공사금지
Text

1. The defendant shall each plaintiff (appointed party), the designated parties, and the plaintiffs in the attached Form 2's name "name" column.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the relevant housing units as indicated in the “owned household” in the attached table 3 among the Z, AA, and AB of the Gangnam-gu Seoul Metropolitan Government Y apartment (hereinafter “Plaintiff apartment”) (in the case where there are two plaintiffs in the same household, each 1/2 shares are owned by the same household).

B. The Defendant, as a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project, implemented the new construction work of the “AD apartment” (hereinafter “Defendant apartment”) of the total size of 2,358 units, consisting of 3 underground floors and 39 floors above ground, from the Seoul Seongbuk-gu AC members adjacent to the south side of the Plaintiff apartment.

Around September 15, 2015, the defendant started construction of the new apartment of the defendant around September 15, 2015, and completed the structural construction of the above apartment around May 18, 2018.

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, 11 (including each number in the case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 3 (Evidence in the case of 2016Gahap25120), Gap evidence No. 1 (Evidence in the case of 2016Gahap26451), the purport of the whole pleadings, and the purport of the whole pleadings

2. The plaintiff's assertion that the defendant newly constructed the defendant apartment building adjacent to the plaintiff's apartment building, which caused property damage to the plaintiff's apartment building's property value decline due to the violation of the right to sunshine and the right to a astronomical cooperation, which had been already enjoyed, and the plaintiff's living in the plaintiff apartment building suffered mental suffering.

Therefore, the defendant is obligated to pay to the plaintiffs the amount of compensation for damages caused by infringement of the right of sunshine and the right of mutual aid and the amount of compensation for delay in the attached Table 3, which is the sum of each money stated in the "(1) property claim amount" column in the attached Table 3 and each money stated in the "2 (1) amount of compensation for delay" column in the same Table.

3. Whether liability for damages arises;

A. The owner, etc. of land of the relevant legal doctrine regarding the infringement of the right to enjoy sunshine benefits he/she had enjoyed from the past.

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