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(영문) 서울중앙지방법원 2016.02.12 2014가단5309618
손해배상(기)
Text

1. The Defendants jointly share KRW 14,584,150 with respect to the Plaintiff, and 5% per annum from September 6, 2012 to February 12, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a new owner of the Dongjak-gu Seoul Metropolitan Government D’s multi-household detached housing on the ground level 1 and 3rd above ground level (hereinafter the Plaintiff’s housing) and completed registration of initial ownership on February 2, 2012.

The Defendants newly constructed a multi-household house (six households; the Defendants’ housing) with five floors in the above E site adjoining to the front of the Plaintiff’s housing site, and completed registration of preservation of ownership on September 6, 2012 by 1/2 of co-ownership shares.

Before the construction of the Defendants’ housing, there was a single-story housing in that housing.

B. The Plaintiff housing and the Defendants’ housing are located far from 2.5 meters.

Plaintiff

The housing and the housing site of the defendants are perfect slopes, and the defendants' housing is located at a place lower than the plaintiff's housing, and there is no big difference in the height of two houses.

The location, outline, etc. of the Plaintiff and the Defendants’ housing shall be as specified in attached Form 1 and 2.

C. The Plaintiff’s housing and the Defendants’ housing share around the second-class general residential area with a size similar to that of the neighboring area.

[Based on recognition] Gap evidence Nos. 1-3, Eul's statement or video (including paper numbers; hereinafter the same shall apply), the result of the on-site inspection by this court, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s new construction of housing by the Defendants asserted that the Plaintiff suffered infringement of the right to enjoy sunshine, the right to view view, and privacy that exceed the tolerance limit.

The Defendants were engaged in illegal extension during the new construction of housing.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 61,253,60,00 (i.e., decline amounting to KRW 39,815,00 due to the infringement of the right to view view of KRW 39,245,60 due to the infringement of the right to enjoy sunshine, KRW 13,193,00), the sum of KRW 66,253,600,000, and the amount of KRW 5,000,000,000, and damages for delay.

B. The Defendants’ assertion is a legitimate building, both of which were illegally extended during the construction of a new housing unit by the Defendants.

Therefore, an illegal act.

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