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(영문) 서울동부지방법원 2015.03.18 2014나6062
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay KRW 5,300,000 to the plaintiff and shall make it October 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of the second floor house in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Plaintiff’s house”). The Defendant is the owner of the fourth floor multi-family house in D (hereinafter “Defendant’s multi-family house”). The Plaintiff’s house and the Defendant’s multi-family house are adjoining without a wall, and the separation distance is merely the degree that one person can walk. The Plaintiff’s house in contact with the Defendant’s multi-family house is far away from the boundary line of both sites.

나. 원고의 주택 중 피고의 다가구주택과 접하고 있는 1층의 거실과 주방(이하에서는 이를 ‘이 사건 거실’과 ‘이 사건 주방’이라 한다)에는 각 하나씩 창문이 나 있었다가 언제부턴가 합판으로 막아져 있었는데, 원고는 2013. 7. 22.경 이 사건 거실 및 주방의 각 창문을 막고 있던 합판을 뜯어내고 기존의 창틀과 유리를 제거한 후 샷시 창문을 설치하는 방법으로 이 사건 거실 및 주방에 각 창문을 냈고, 피고에 대한 사생활 침해를 방지하기 위하여 불투명한 창문가리개를 설치하였다.

C. On the outside of the window of the instant kitchen, the wall of the Defendant’s multi-family house is located immediately outside of the window, and the Defendant’s multi-family house parking lot is located outside of the window of the instant dwelling room located inside the inside of the said space. On August 3, 2013, the Defendant was indicted for a fine of one million won due to the crime of property damage and damage by the said act, on the ground that each of the windows installed by the Plaintiff, on the ground that the said windows infringed on his privacy. As such, each of the windows installed by the instant kitchen and the dwelling room was covered with iron plates and joint plates, etc. using the windows, etc. from the wall to the outside of the wall, thereby blocking each of the windows covered with iron plates and joint plates, etc. (hereinafter “instant blocking each window”).

On the other hand, the Seoul Eastern District Court 2013 High Court Decision 2365 decided November 15, 2013, which was in progress by the defendant's request for formal trial, is a fine of KRW 70,000.

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