1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 25, 2010, the Plaintiff purchased Ulsan-gu building B and 201 (hereinafter “Plaintiff’s housing”) and resides until now.

B. The Defendant is an owner of the building of the building of the second floor height on the ground around April 18, 2011 and used the building of the building of the second floor on the above land, around 27.6 meters on January 12, 2016, extended up to five floors on the ground from the height of the building on the above building to around 27.6 meters on March 29, 2016.

(hereinafter referred to as “Defendant building”). [The grounds for recognition] The fact that there is no dispute, Gap 1-5 evidence, Eul 2 evidence (including each number), the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff asserted that the plaintiff constructed a new building with a height of about 30 meters from January 2016 to remove the lower building of the second floor in the previous land. As a result, the plaintiff living in the plaintiff's house caused serious damage to the right to enjoy sunshine and the right to view. The defendant is obliged to compensate the plaintiff for the damage as stated in the purport of the claim, including the sum of KRW 8,245,600, the right to enjoy sunshine and the right to view, which exceed the limit of admission, and the amount of KRW 10,00,00,000, for property damage caused by infringement of the right to enjoy sunshine and the right to view.

B. 1) In a case where a resident on the adjoining land suffers a disadvantage that a direct light light is cut off due to the new construction of a building, the degree of the sunshine interruption in order to be evaluated as an illegal and harmful act beyond the scope of legitimate exercise of right, the degree of such new construction should exceed the tolerance level generally accepted by the generally accepted social norms. Whether the obstruction of light exceeds the tolerance level under the generally accepted social norms or not, the degree of damage, the nature of the damaged interest and its social evaluation, the purpose of the damaged interest, the regional nature of the damaged building, the future relationship of the damaged building, the possibility of preventing damage and avoiding damage, the possibility of avoiding damage, the violation of public law regulations, and the progress of negotiations.