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1. The Defendant: 4,440,00 won for the Plaintiff A; 5,028,000 won for the Plaintiff B; 3,536,000 won for the Plaintiff C; and 4,700 won for the Plaintiff E.
Reasons
1. Basic facts
A. The Defendant is a company that implements a new construction project of a main complex building with a height of 80,594.2 square meters above ground on a lot of 11,578.3 square meters outside N, Jung-gu, Seoul, and two parcels of land (hereinafter “instant building”). As of June 2014, the construction process ratio of the instant building is 93.65%.
B. The Plaintiffs owned each of the buildings, such as the attached Form 1 (Attachment 1) adjacent to the instant building.
C. Each building owned by the Plaintiffs and the building of this case located in Jung-gu Seoul, Jung-gu, Seoul, where the building of this case is located are classified into general commercial areas under the National Land Planning and Utilization Act.
[Reasons for Recognition] 1 to 4, Gap 7, Eul 4 to 6 (including additional numbers), the result of the appraisal commission to appraiser P, the purport of the whole pleadings
2. The assertion and judgment
A. The construction of the building of this case by the plaintiffs' assertion, thereby causing infringement of sunshine and obstruction of view exceeding the limit of admission to the building owned by the plaintiffs.
Therefore, the defendant is obligated to pay consolation money to the plaintiffs due to the fall of the market price of the building owned by the plaintiffs due to the infringement of sunshine, the infringement of sunshine, and the infringement of the right to view.
B. (1) Examining whether the obstruction of sunshine exceeds the acceptable limit, in light of the unique characteristics of Korea’s land, narrowness, excessive population in large cities, tendency of high-riseization of buildings for the efficient use of land, and construction-related laws on the restriction on the height of buildings for securing sunlight, etc., if at least two hours during the six consecutive hours between 9:00 and 15 hours during the six hours between 8:00 and 16:00, or if at least four hours during the eight hours between 8:0 and 16:00, the total number of sunlight hours during the eight hours (hereinafter “total sunlight hours”) is secured, it shall not exceed the acceptable limit.