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1. The defendant RR Housing Redevelopment Project Association shall provide each of the plaintiffs with the money stated in the attached Table 1's attached hereto and above.
Reasons
1. Basic facts
A. Defendant RR Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant Association”) is a project implementer who has obtained business approval of T apartment units with the size of 5 underground floors and 3,885 units on the ground of 30-dong 30-dong 44 units on the ground of Mapo-gu Seoul, Mapo-gu Seoul Metropolitan Government 207,420.8 square meters (hereinafter “instant apartment units”), and the construction of the Defendant Kugu Construction is a construction contractor that constructed the instant apartment units.
B. The Plaintiffs are the owners of the housing indicated in the attached Table 1 “Sab” column located north of the instant apartment.
C. The Seoul Mapo-gu Seoul Mapo-gu Seoul, where the apartment of this case and the housing owned by the plaintiffs are located, is classified into Class II general residential areas under the National Land Planning and Utilization Act.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 (including each number), the purport of whole pleadings
2. The Plaintiffs asserted that the right to enjoy sunshine was infringed by the construction of the instant apartment building, and that the view was obstructed by blocking the view, thereby causing increased pressure on the housing owned by the Plaintiffs.
Therefore, the Defendant Cooperative, the contractor of the new apartment construction project of this case, is liable to pay damages, such as the purport of the claim, to each of the plaintiffs.
3. Determination as to the claim against the defendant union
A. Whether the obstruction of sunlight exceeds the tolerance level under the social norms should be determined by comprehensively taking into account all the circumstances, including the degree of damage, the nature of the damaged interest and its social evaluation, the use of the damaged building, the purpose of the land use, the regional characteristics, the ex-post relationship of the land use, the possibility of preventing damage and avoiding damage, whether the regulations under the public law were violated and the progress of negotiations. New regulations under the public law on the right of sunlight newly established after the construction can also be meaningful materials for the evaluation of such illegality.