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(영문) 서울중앙지방법원 2019.02.15 2017가합544841
건축공사금지청구의 소
Text

1. Of the ancillary claims of this case, the annexed drawings No. 3 A and B of the building listed in the annexed sheet No. 1 are indicated.

Reasons

Basic Facts

The plaintiff is the owner of Jongno-gu Seoul Metropolitan Government 2nd floor housing (hereinafter referred to as "Plaintiff building") and resides in the above housing.

The Defendant is the owner of a house indicated in the attached Table 1 (hereinafter referred to as “Defendant building”) adjacent to the Plaintiff’s building site as North Korean trends.

Plaintiff

The location of the building and the defendant's building shall be as shown in the attached Form 4.

The defendant is in the state of completion of the structural construction in the defendant's building (hereinafter referred to as "the extension construction in this case").

The current status of the Defendant building before and after the instant extension work is identical to that of the drawings No. 1 of the attached Table 5, and the relationship between the Plaintiff’s building and the Defendant’s horizontal and vertical location after the said extension work is identical to that of the drawings No. 2 of the same drawings.

[Based on recognition, Gap evidence Nos. 1, 2, 11, 14, and Eul evidence Nos. 7 (including each number, if any; hereinafter the same shall apply), each video of Gap evidence Nos. 15, 16, the result of the on-site verification by this court, appraiser D's appraisal result (hereinafter "the result of the instant appraisal"), the purport of the whole argument of the plaintiff as to the purport of the extension construction of this case was infringed upon the plaintiff's right to sunshine, E's benefit from view, view, and privacy which the plaintiff had already enjoyed, according to the execution of the extension construction of this case.

Therefore, the Plaintiff, which was established as the instant extension construction around the Defendant’s building and thus infringed on the Plaintiff’s living benefits, seeks to remove concrete outer walls of the part (A) of the instant building connected in order to each point of Section 1, 2, 3, 4, 1, and 1.

In addition, in order to prevent infringement of the Plaintiff’s privacy, the Plaintiff should pay the Defendant a total of KRW 27,559,600 and KRW 10,000,000 and KRW 37,559,600, and damages for delay. In order to prevent infringement of the Plaintiff’s privacy, the Plaintiff should install a facility outside of each side of the Plaintiff’s building and its windows, which are windows affiliated with the Plaintiff’s building, among the Defendant’s building.

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