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(영문) 부산지방법원 2017.10.25 2017가합43018
손해배상(기)
Text

1. The defendant (attached Form 2) stated the "Plaintiff" column in the "Damages List" shall be the same as the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are the owners of the corresponding units of the B apartment located in Busan Seo-gu (hereinafter referred to as the "Plaintiff apartment"), [Attachment 3] in the "amount claimed by the plaintiff," and the defendant is the owner of the D apartment with the size of 15 stories above the 10th floor above the 10th ground, Busan Seo-gu, Busan, and the 10th apartment (hereinafter referred to as the "Defendant apartment").

B. On January 30, 2015, the defendant obtained a construction permit for the defendant apartment from the head of the Gu of Busan Metropolitan City with respect to the same year.

3. 12. Report on the commencement of construction, and approval for the use of the above apartment around June 22, 2016. The present building placement status before and after the construction of the apartment is as follows.

C. The continuous sunlight hours between 8:00 to 16:00 of the Plaintiff’s apartment before and after the construction of the Defendant apartment (hereinafter “total sunlight hours”) and the continuous sunlight hours between 9:00 and 15:00 of the Plaintiff’s apartment after the construction of the apartment (hereinafter “speed hours”) are as follows: (a) [Attachment 4]’s “total sunlight hours” and “minimum speed hours” are as indicated in attached Table 4.

[Ground of recognition] A without dispute, Gap evidence 1, 2-1, 4-1 through 10, Gap evidence 6, Gap evidence 8-1 through 6, Gap evidence 10-1 through 73, Gap evidence 13-1 through 71, Gap evidence 13-1 through 71, the result of this court's entrustment of appraisal to Eul, the fact inquiry to the head of the Busan Metropolitan City Seo-gu Busan Metropolitan City, the purport of the whole pleadings, the purport of the arguments.

2. Occurrence of liability for damages;

A. The main point of the plaintiffs' assertion is that the defendant apartment complex interferes with the plaintiffs' sunshine and astronomical and lighting network and infringes on their privacy, and the plaintiffs suffered mental suffering due to noise and dust generated during the construction of the defendant apartment building, so the defendant is obligated to compensate the plaintiffs for each corresponding amount in the "amount claimed" column of the "amount claimed by each plaintiff.

(b) the obstruction of sunshine in part that obstructs one sunshine.

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