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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.
Reasons
1. Basic facts
A. The Plaintiffs newly built two-story housing units (hereinafter “Plaintiffs’ buildings”) on the land of 623 square meters on the land of 1997 Seosung-si in 197, and reside in the building from June 1999.
B. The Defendant newly constructed multi-family housing of 4m above ground with a height of 2,345.67m2 and height of 17m on D’s ground in Masung-si (hereinafter “Defendant building”) and obtained approval for use on October 18, 201.
[Reasons for Recognition] Unsatisfy Facts, entries and images of Gap evidence 1 through 5 (including a provisional number; hereinafter the same shall apply), the result of the commission of appraisal to appraiser E by the first instance court, the purport of the whole pleadings
2. The plaintiffs' assertion that the defendant newly constructed the defendant's building on the side of the plaintiffs' building that affected the previous right to enjoy sunshine, view right, and privacy exceeded the tolerance limit.
Therefore, as property damages to the Plaintiffs, the Defendant is obliged to compensate the Plaintiffs for the damages of KRW 1,973,200 due to the infringement of view rights of KRW 14,601,30,00, the market price of the Plaintiffs’ building (i.e., the damages of KRW 3,946,00 due to the infringement of view rights of KRW 14,60,00) and for the installation of fences, etc. to prevent noise, KRW 79,860,000 (i.e., the damages of KRW 1,973,200 due to the infringement of view rights of KRW 14,60,300), and for the damages of KRW 54,920,00 (for the Plaintiff’s family members, the damages of KRW 41,660,000,000) from each of the damages of KRW 31,70,000,000,000 for mental distressing and preventing privacy.
3. Occurrence of liability for damages;
A. Where the owner, etc. of land determined as to infringement of the right to enjoy sunshine is deemed to have value as an objective living benefit, it may be legally protected. However, due to the construction of a new building or structure in its neighboring areas, the sunlight will be the light.