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1. The Defendant: (a) 3,825,920 won to Plaintiff A; (b) 6,751,080 won to Plaintiff B; (c) 8,282,400 won to Plaintiff C; and (d) 9,305.
Reasons
1. Basic facts
A. On May 2016, the Plaintiffs completed the registration of ownership transfer with respect to G, H, I, and J (the above Plaintiff’s building; hereinafter “Plaintiff’s building”) among the five-story buildings located in Yeongdeungpo-gu Seoul Metropolitan Government and 1 located therein, and reside from that time to that day.
B. The Defendant newly constructed a multi-household house of nine-story above ground level on the K ground adjoining to the building of the Plaintiffs (hereinafter “Defendant building”).
[Ground of recognition] No dispute, Gap 1 to 6 evidence, Eul 1 to 3 evidence, the purport of the whole pleadings
2. The gist of the cause of the claim is that the Plaintiffs suffered property loss which has reduced its value due to the infringement of the right to sunshine of the Plaintiffs’ buildings due to the new construction of the Defendant building.
Therefore, the defendant is obligated to pay the amount of each claim as stated in the above claim and damages for delay to the plaintiffs.
3. Determination (whether the right of sunshine has been infringed, etc.);
A. If a land owner, etc. is deemed to have value as an objective living benefit, it can be legally protected in light of the relevant legal doctrine. The increase in the number of sunlight generated by blocking sunlight due to the construction of a new building or structure in the vicinity of the building or structure, namely, the increase in the number of sunlight generated in the previous enjoying of the land in question, in order to be deemed as an illegal and harmful act going beyond the scope of legitimate exercise of right, the degree of sunlight sunshine generally exceeds the limit of tolerance of the land owner.
In this case, if there are direct regulations on the prevention of sunshine in the related laws, such as the Building Act, it will be an important data to determine whether it is appropriate to the laws and regulations, but if it is intended to secure by such regulations in the public law, the right to sunshine which is originally protected under the private law is a public law.