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(영문) 서울남부지방법원 2018.05.10 2017가단237432
손해배상(기)
Text

1. The Defendant: (a) from April 10, 201 to Plaintiff A, KRW 500,00 for each of the KRW 1,990,00 for Plaintiff B, C, and D, and each of them.

Reasons

1. Basic facts

A. The Plaintiff A is the owner of the Guro-gu Seoul Metropolitan Government F site (hereinafter “instant site”) and its ground housing (hereinafter “instant housing”) and the remainder of the Plaintiffs, who are his family members, reside in the instant housing.

B. On October 24, 2016, the Defendant acquired the ownership of the Guro-gu Seoul Metropolitan Government G and H site and its ground buildings adjacent to the instant house, and newly constructed a multi-household house with the fifth fifth floor (hereinafter “instant building”) between around that time and around October 10, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 to 10, purport of the whole pleadings

2. The plaintiffs asserted that the defendant's new construction of the building of the building of this case caused infringement of the right to sunlight, closure, pressure, and privacy that exceeded the tolerance limit due to the obstruction of view, pressure, and private life. As a result, the price of the building site and housing of this case was reduced, and suffered mental suffering that could not be compensated solely for property damage.

Therefore, the defendant is liable for damages to the plaintiffs.

3. Determination

A. Whether the obstruction of sunlight is infringed or not can be legally protected if the interests of the owner of land, etc. previously enjoyed from the previous one are worth being an objective living benefit. In other words, in the event that the obstruction of sunlight which has been previously enjoyed in the land in question occurs due to the increase of sunshine, the increase in sunshine, which is, the construction of a building or structure in its neighboring areas, the construction of a building would normally be justified in light of social norms, by comprehensively taking into account all the circumstances such as the degree of sunshine interruption, damage benefit, the legal nature of the harmed building, the use of the damaged building, the regional nature of the building, the right to use the land, the possibility of preventing damage and avoiding damage, the possibility of avoiding damage, and the progress of negotiations.

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