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(영문) 서울북부지방법원 2020.10.21 2019가합24593
손해배상(기)
Text

The defendant 12,129,272 won to the plaintiff A, 15,77,362 won to the plaintiff B, 10,527,521 won to the plaintiff D, and 7,053.

Reasons

1. Basic facts

A. The Defendant is a cooperative established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with respect to Seongbuk-gu Seoul and 752 lots (total area: 62,509 square meters; hereinafter “instant project site”), which obtained authorization from the head of Seongbuk-gu to establish an association on March 20, 209, and obtained authorization to implement the project on January 10, 2013, and obtained authorization to implement the management and disposal plan on September 12, 2016.

B. The Plaintiffs are each parcel of land and buildings listed in the column for “owned building and location” of the Plaintiff’s Schedule of Attached Table 1, located adjacent to the northwest of the instant project site (hereinafter the number of each Plaintiff is the same as the number of each Plaintiff.

) Pursuant to the “Plaintiff’s building” and, in the case of a collective title, the “acquisition date of ownership” by each Plaintiff of the same Table for each Plaintiff is the one who acquired ownership on the date indicated, and the one who is residing in each of the above buildings until now.

C. On April 13, 2018, the Defendant reported to the head of Seongbuk-gu on the construction of a new apartment complex with a total of 19 units of 1,711 units in the instant project site, and a maximum of 29 floors of apartment complex (hereinafter “instant apartment complex”) on the construction of the instant apartment complex, and completed the construction of the instant apartment complex around December 31, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, and 3 (including the number with each number; hereinafter the same shall apply), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The parties' assertion

A. Since the new construction of the apartment of this case alleged by the plaintiffs suffered property damage and mental suffering that the property value of each building of the plaintiffs was reduced due to the infringement of the right to enjoy sunshine, the defendant, the subject of the new construction of the apartment of this case, is the same as the statement in the "total amount of claim" in the attached Table 1 of each plaintiff.

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