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(영문) 서울중앙지방법원 2020.12.16 2019가합567718
손해배상(기)
Text

1. The defendant is each of the corresponding money stated in the "amount of tolerance" in the attached Form No. A, B, C, D, E, F, G, and H.

Reasons

1. Basic facts

A. Plaintiff A and B are co-owners of the Seocho-gu Seoul Metropolitan Government apartment Mdong (hereinafter “Plaintiff apartment”), Plaintiff C’s N, and Plaintiff D’s P, Plaintiff E, and F, Q, Plaintiff G, H, and J are co-owners of R, Plaintiff I, and J. The Defendant constructed U apartment (hereinafter “Defendant apartment”) on the land of the Plaintiff, Seocho-gu Seoul, and two lots adjacent to the Plaintiff’s apartment site.

B. The defendant apartment is located adjacent to the south of the plaintiff apartment, and the location and arrangement relationship of the plaintiff apartment and the defendant apartment are as shown in the attached sheet.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (in the case of supplemental evidence, each number is included), the purport of the whole pleadings

2. The gist of the plaintiffs' assertion has secured a sufficient amount of sunshine, the full view of the apartment, and the view and view of the front of the apartment until before the new construction of the defendant apartment. However, the defendant newly constructed the defendant apartment building adjacent to the plaintiff apartment, thereby causing infringement of the right to sunshine, the right to view, and privacy exceeding the tolerance limit under social norms, and thereby causing damage to each plaintiffs' property value of the apartment owned by them.

Therefore, the defendant is obliged to pay damages for damages for damages for damages for the infringement of the right to enjoy sunshine and the right to view by the plaintiff A, B, C, and D, each of KRW 170 million and damages for each of KRW 30 million for damages for infringement of the right to enjoy sunshine and the right to view, respectively, to the plaintiff E, F, G, H, I, and J, each of KRW 70 million and damages for damages for each of KRW 30 million for infringement of the right to enjoy sunshine and the right to view.

3. Occurrence of liability for damages;

A. (1) In determining whether the right to enjoy sunshine is infringed, the legal doctrine can be legally protected if the right to enjoy sunshine benefits previously enjoyed by the landowner, etc. is deemed worthy of being an objective living benefit, and buildings, structures, etc. in the vicinity.

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