logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.07.07 2018가단101001
건물등철거
Text

1. The Defendants jointly share the amount of KRW 4,711,500 to Plaintiff A, KRW 5,810,000 to Plaintiff B, and each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiff A is the owner of the third floor G of the F building in Gangdong-gu Seoul Metropolitan Government (hereinafter “Gho Lake”) and resides in the Gho Lake, and the Plaintiff B is the owner of the said F building H (hereinafter “Hho Lake”).

The Defendants are owners who have acquired the ownership of a multi-family house on the fourth-story ground in Gangdong-gu Seoul Metropolitan Government (hereinafter “Defendants’ houses”) located in the south of the above F building, with one-half shares of each.

B. B. Before the Defendants’ housing was newly built on the fourth floor, the Defendants were approved to use the Defendants’ housing that was newly built on September 29, 2017 from the Gangdong-gu Office.

Since then, around October 2017, the Defendants installed without permission the roof of the assembly panel structure wall and the board board board on the part of 27 square meters in the ship (A), which connects each point of 1, 2, 3, 4, 5, 6, 7, 1, and 27 square meters in sequence, in excess of 58.21 square meters permitted by the Gangdong-gu Office as to the bend part of the Defendants’ housing 4 stories (hereinafter “instant unauthorized extension part”), and completed the construction around that time.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 to 4 and 9, and the purport of the whole pleadings

2. Judgment on the main claim

A. Since the Plaintiffs violated the Plaintiffs’ right to enjoy sunshine due to the portion of the Plaintiff’s unauthorized extension without permission, the Plaintiffs seek removal of the portion of the Plaintiff’s unauthorized extension against the Defendants as the owner of the portion where the right to enjoy sunshine was infringed, and the Defendants should compensate the Plaintiff A who resides in Gho Lake for consolation money amounting to KRW 9,694,00.

B. Determination 1) Determination on the assertion of infringement of the right to sunlight (A) If the owner of land, etc. (1) recognizes that the right to enjoy sunshine benefits previously enjoyed from the previous one are valuable as an objective living benefit, it may be legally protected. However, the increase in light generated by blocking sunlight due to the construction of a new building or structure in the surrounding area, i.e., the increase in sunlight.

arrow