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(영문) 광주지방법원순천지원 2017.05.16 2015가합13172
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts (applicable for recognition: The non-contentious facts, Gap evidence 1 through 7 (including the provisional number; hereinafter the same shall apply);

(ii) the statements in Category B 1, 2, and 3 and the purport of the entire pleadings

A. (1) Plaintiff A is the owner of the land and the building on its ground in Mineyang-si, and Plaintiff B is the owner of the land and the building on its ground in Mineyang-si, and Plaintiff C is the owner of the land and the building on its ground in Mineyang-si, and Plaintiff C is the owner of the land and the building on its ground. Plaintiff D, E, and F are co-owners who own each 1/4, 1/4, 1/2 shares of the land and the building on its ground in Mineyang-si, and Plaintiff G is the owner of the land and the building on its ground in Mineyang-si, and Plaintiff G is the owner of the land and the building on its third floor in the above building, and Plaintiff H is the owner of the land and the building on its third floor in the newspaper company located on the above third floor.

B. The land trust in Korea, a land trust company, located near each of the above land and buildings, is the executor of the construction works for the construction of a main complex building with a 48-story size on the land surface of 6492 square meters located near each of the above land and buildings (hereinafter “instant construction works,” and the building constructed due to the instant construction works is referred to as “new building of this case”), and the defendant Dae-si, a land trust company in Korea, under a contract with the land trust in Korea, is performing the construction works of this case from July 15, 2013 to June 30, 2016.

2. Determination as to the cause of action

A. The Plaintiff A, B, C, D, E, and F (hereinafter “Plaintiff”) caused the instant construction works by the Defendants to incur damages due to the infringement of the right to sunshine, the generation of cracks in the building, dust, noise, vibration, etc., and the Plaintiff G suffered damages due to the cracks in the building, dust, noise, vibration, etc., and the Plaintiff H and I suffered damages due to noise, respectively.

Therefore, the Defendants jointly have a duty to compensate the Plaintiffs for damages or consolation money for property arising from a tort. Plaintiffs A and B are partial claims, each of which is KRW 20,000,000,000,000,000 as part of the claim, Plaintiff D and E, respectively, KRW 37,50,000,000,000,000,000 won, and Plaintiff F.

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