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(영문) 서울남부지방법원 2016.01.13 2014가단28583
손해배상
Text

1. As to the Plaintiff, Defendant B’s KRW 6,919,700 and Defendant Sungan General Construction Co., Ltd.’s KRW 2,343,00 and each of them.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the land of Yeongdeungpo-gu Seoul Metropolitan Government and its ground and the detached house of the second floor above ground and the second floor above ground (hereinafter “Plaintiff’s building”) and is residing in the Plaintiff’s building.

B. Defendant B, as an owner of land outside D and two lots, obtained permission for the new construction of the two underground floors, the neighborhood living facilities of eight stories above ground, and the urban-type residential housing (multi-household housing; hereinafter “Defendant building”) on October 23, 2013, and obtained approval for the use of the Defendant’s building after entering into a contract for the construction of the construction to the Defendant Sungan Comprehensive Construction Co., Ltd. (hereinafter “Defendant Company”) on November 20, 2013.

C. In the area where the Plaintiff’s building and the Defendant’s building are located, a quasi-residential area in an urban area under the National Land Planning and Utilization Act is mixed with various neighborhood living facilities and public convenience facilities centering on detached houses and small-scale apartment houses, and the Plaintiff’s building is located on the northwest of the Defendant’s building in width of four meters.

[Reasons for Recognition] Items A, 6, 7, 10, Na 1 and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. As to the assertion regarding the obstruction of sunshine, if the owner of the land deems that the sunshine benefits previously enjoyed by the owner of the land have value as an objective living benefit, it can be legally protected. In other words, the increase that occurs due to the increase of sunshine in the number of sunlight, namely, the number of sunlight that has been previously enjoyed in the land in question, the number of sunlight that occurs due to the increase of sunlight, the legal nature of the damage benefit, the legal nature of the harmed building, the use of the damaged building, the area of the land use, the future relationship of the damaged building, the possibility of avoiding damage, the possibility of avoiding damage and damage, and the progress of negotiations in light of social norms.

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