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(영문) 서울북부지방법원 2016.05.03 2014가단118632
손해배상 청구의 소
Text

1. The Defendant: 12,803,100 won to Plaintiff C and 5% per annum from September 1, 2014 to April 12, 2016.

Reasons

1. Basic facts

A. Plaintiff A is one of the sectional owners of the above lending Nos. 302, 302, 202, 202, and 502, 502.

B. The defendant means the newly constructed urban-type residential house of the five-story size (hereinafter referred to as "new building of this case"), which is located on the F, adjacent to the above Bara, for the first time.

(A) A building and obtaining permission for use on September 1, 2014. [The facts that there is no dispute over the grounds for recognition, Gap evidence Nos. 1 and 2, and Eul evidence No. 1, and the purport of the whole pleadings.]

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion of new building of this case infringed the right to sunshine, view, and privacy to the extent that it could not be recognizable, and damages the property value of the loan of this case was reduced. The defendant is liable to compensate the plaintiffs who are sectional owners for the damages.

B. (1) According to the appraisal results and the purport of the entire argument of this court with respect to the claims of plaintiffs A and B, the right to enjoy sunshine has already been shown in the situation prior to the construction of the new building of this case (hereinafter referred to as "existing environment"), which had already exceeded the limit of tolerance by 0 hours in total or continuous sunlighting hours. The changed environment due to the new building of this case (hereinafter referred to as "new construction environment") did not change sunshine volume, in order to constitute tort against the right to enjoy sunshine rights, the right to enjoy sunshine has been previously enjoyed on that premise. In order to constitute tort, the right to enjoy sunshine rights has not been seen to have been protected in the existing environment. ② The right to enjoy view: the rate of view: 202% from the existing environment to the new environment; 02% from the new environment; 302% from the new construction to the new environment; 302% from the existing environment; 300% from the existing environment; 200% from the existing environment; and 30% from the existing environment.

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