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(영문) 서울동부지방법원 2020.07.07 2018가단125250
건물등철거
Text

1. The Defendants jointly do so with each of the Plaintiffs with respect to KRW 3,629,00 and each of the above amounts, from February 26, 2020 to July 7, 2020.

Reasons

1. Basic facts

A. The plaintiffs are owners who acquire the ownership of 1/2 shares of 6th urban residential housing F Gdong H (hereinafter "Plaintiffs' housing") on the ground of Songpa-gu Seoul E, Songpa-gu, Seoul, and reside in the plaintiffs' housing.

The Defendants are owners who have acquired the ownership of multi-household housing on the fourth-story ground of Songpa-gu Seoul Metropolitan Government (hereinafter “Defendants’ housing”) located in the south side of the housing unit of the Plaintiffs, with one-half shares each.

B. The Plaintiffs’ housing obtained approval for use from the Songpa-gu Office on January 3, 2017, and the Plaintiffs resided in the Plaintiffs’ housing from January 16, 2017.

Meanwhile, before the construction of the Defendants’ housing, the Defendants’ housing site was used as a public parking lot. The Defendants started new construction of multi-household housing on February 14, 2018 and started the same year.

6. 25. 25. The approval was obtained from the Songpa-gu Office for the use of the Defendants’ houses.

[Ground of recognition] Evidence Nos. 1 through 3, 13, Eul Evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiffs asserted that the defendants should compensate for damages caused by infringement of their right to sunshine, good faith, and privacy, following the construction of the defendants' housing.

3. Determination

A. Determination as to the assertion of infringement of the right to sunshine 1) If a landowner’s right to enjoy sunshine benefits previously enjoyed from the past are deemed worthy of objective living benefits, it may be legally protected. In other words, in a case where the sunshine interruption which occurred due to the construction of a building, structure, etc. in the vicinity of the building, etc., has occurred due to the blocking of sunlight in the pertinent land, i.e., the number of sunlight that has been enjoyed in the past, in order to be deemed as an illegal and harmful act beyond the scope of legitimate exercise of right, the degree of sunshine interruption should generally exceed the limit of tolerance of the landowner in light of social norms.

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