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(영문) 울산지방법원 2020.11.13 2020가단111368
손해배상(기)
Text

1. The Defendant stated to the Plaintiffs in the separate sheet “total amount of recognition” in the separate sheet No. 1 and the corresponding money on November 2018.

Reasons

1. Basic facts

A. The Plaintiffs acquired each ownership of each of the relevant households indicated in the “household column” in the “acquisition of ownership” column in the attached Table 1 as of the relevant date, Ulsan-gu F apartment Gdong (hereinafter “Plaintiff apartment”) in Ulsan-gu, Seoul-gu, Seoul-gu, and Plaintiff A and C are residing in the Plaintiff apartment.

B. The Defendant newly built and sold J apartment units on the ground of the second ground level 28, 12, and 879 units above the ground level above the second ground level above the Plaintiff apartment units on the south-gu H, Ulsan-gu, and I, the south-gu, the south-gu, and the south-gu, the south-gu, the lower court, and the Defendant apartment units completed the structural construction around November 14, 2018.

[Ground of recognition] Facts without dispute, entry of evidence A1, 2, 7, 15, 16, and the purport of the whole pleadings

2. The plaintiffs' arguments secured a sufficient amount of sunshine before the new construction of the defendant apartment. However, the defendant newly constructed the defendant apartment building adjacent to the plaintiff apartment, thereby obstructing sunshine exceeding the tolerance level under the social norms. Accordingly, the plaintiffs suffered considerable mental suffering in the daily life of the apartment that suffered property damage or resides in the property value of the apartment.

The plaintiffs sought damages from infringement of the right of mutual assistance and privacy as well as damages from infringement of the right of sunshine due to the cause of the claim. However, since the claims and the cause of the claims were modified to the purport that only sought damages from the obstruction of sunshine as of August 28, 2020, the changed cause of the claim shall depend on the changed cause of the claim.

Therefore, in attached Table 1, the plaintiff A and C residing in the apartment of the plaintiff, and the plaintiff A and C, who are not residing in the plaintiff's apartment, seek the payment of each corresponding money stated in the "property value decline" and "definite data", and the plaintiff B and D, who are not residing in the plaintiff's apartment, respectively.

3. Occurrence of liability for damages;

(a) the relevant legal land;

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