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(영문) 부산지방법원동부지원 2019.01.10 2017가단207330
손해배상(기)
Text

1. The plaintiffs shall be jointly and severally paid to plaintiffs A, C, D, and E 2,031,633 won, and 2,219,747 won and each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiffs are co-owned or sole-owned persons, such as the owners and equity shares of the real estate listed in the attached Table.

B. From January 2017, the Defendants began to build a new building on the above ground with a building area of 1,210 square meters, total floor area of 11,45.23 square meters on the ground and nine stories on the ground.

C. The location of the buildings owned by the Plaintiffs and the Defendants is as follows (hereinafter the Defendants’ building under construction is referred to as “the Defendant’s building,” and the building owned by the Plaintiffs is specified as the Idong number below) and the quasi-residential area or Class II general residential area is located in the area where the said building is located.

H Facts that there is no dispute over K L MNJ (based on recognition), Gap1 through 6, 9, Eul evidence (including paper numbers) and Eul evidence, the results of the commission of appraisal of the construction environment research office of the Ouniversity, the purport of the whole pleadings.

2. The Plaintiffs asserted that they were newly constructed, and failed to install soundproof and fire-proof facilities, thereby hindering their daily lives due to noise, dust, vibration, etc. generated during the construction, and suffered damage from the decrease of rent revenue by hindering the lease of real estate, and suffered damage from rupture, etc. in the building owned by the Plaintiffs.

In addition, the defendants' building causes damage to the deterioration of the tent and closing rate beyond the tolerance limit, and the separation distance between the defendants' building and the building owned by the plaintiffs does not exceed 5.2m or 26m, so privacy is expected to be infringed.

Therefore, the Defendants are obliged to compensate the Plaintiffs for damages equivalent to the equal heat repair cost and compensate the Plaintiffs for mental damages suffered by the Plaintiffs due to noise, dust, vibration, invasion of privacy, infringement of view right, etc. arising from construction works.

3. Determination

A. The Defendants’ judgment on the claim for damages equivalent to the equal heat repair cost is due to deterioration of the building owned by the Plaintiffs, and due to the construction of the Defendants’ building.

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