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(영문) 춘천지방법원 2019.12.04 2018가합51280
손해배상(기)
Text

1. The defendant shall exclude each plaintiff (appointed party) and the appointed party (appointed party) in the attached Table 1 column.

Reasons

1. Presumed factual basis

A. Party 1) The Plaintiffs are D Apartments (hereinafter referred to as “Plaintiff apartments”) located in three parcels, other than C land in Chuncheon City.

[Attachment 2] The term “households” in the annexed Table 2 is the reconstruction maintenance project association that newly constructs the K apartment (hereinafter “Defendant apartment”) with the size of 2 underground floors and 12-dong 1,123 units on one parcel, other than the J land in Chuncheon-si, in the direction of the settlement of the Plaintiff apartment, adjacent to the direction of the settlement of the apartment.

B. The Plaintiff’s apartment and Defendant’s apartment and Defendant’s apartment are located in the following forest. 2) The Defendant’s apartment and Defendant’s apartment are constructed on the Defendant’s apartment site with the fifth and twenty floors prior to the construction of Defendant’s apartment, and the Defendant completed the structural construction of Defendant’s apartment on August 29, 2017, and compared it before and after the construction of Defendant’s apartment with the following forests.

【Non-contentious facts, Gap’s evidence Nos. 1 and 2, Gap’s evidence No. 4-1, 2, Gap’s evidence No. 5, 6, 7, and 10, the result of the appraisal commission to the appraiser M by this court, and the purport of the whole pleadings

2. The Plaintiffs asserted that they had secured a sufficient amount of sunshine before the new construction of the Defendant apartment. However, as the Defendant newly constructed the Defendant apartment building adjacent to the direction of the due south direction of the Plaintiff apartment, the Plaintiffs suffered property damage and mental suffering resulting from the infringement of the right not to infringe upon the right not to sunshine, thereby falling in the value of the apartment property.

Therefore, the Defendant seek against the Defendant for compensation for property damage caused by infringement of the right of sunshine (the “property value decline” in attached Table 2) and passive damage (the “defensive data” in attached Table 2) and the payment of damages for delay.

3. Details of the liability for damages.

A. The owner, etc. of land in the relevant legal doctrine regarding the infringement of the right to enjoy sunshine was the previous one.

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