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(영문) 서울중앙지방법원 2017.11.03 2016가합533615
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs who own each of the relevant households of the 106 apartment units of this case are the owners of each of the relevant households indicated in the separate sheet of 106 apartment units located in Gangnam-gu Seoul Metropolitan Government (hereinafter "S apartment units") in the separate sheet of 106 apartment units.

B. On December 11, 1995, the Defendant purchased the land of this case from Gangnam-gu Seoul Metropolitan Government 11,169m2 (hereinafter “instant land”) located on the south side of 106 apartment buildings of this case from Seoul Metropolitan Government, and acquired the ownership of the instant land on December 26, 1996.

On December 28, 2010, the Defendant obtained a construction permit from the head of Gangnam-gu to construct a building on the instant land to 10 stories, 7 stories underground, 83,581.98§³, 58.78% of the building-to-land ratio, 465.578% of the floor area ratio, 465.578% of the main business facilities and sales facilities (hereinafter “instant building”). On July 4, 2014, the Defendant obtained a construction permit to change the design of the instant building to 9 stories, 7 stories, total floor area, 76,389.73С, 59.71% of the building-to-land ratio, and 393.33% of the floor area ratio.

On June 201, the defendant entered into a contract with Samsung Heavy Industries Co., Ltd. for new construction of the building of this case, and Samsung Heavy Industries Co., Ltd. currently completed the construction of the building of this case, the 9th and the 7th underground structures of this case.

C. The 106 apartment buildings of this case and the 106 apartment buildings of this case, to which the respective households owned by the plaintiffs in relation to the location of the building of this case belong, are the 15-story buildings constructed in the shape of I mar in the same direction, and the balcony on the living room and the bedroom of each household is installed in the balcony of each household.

The land of this case is located on the south side side of the 106 apartment building of this case.

The instant land is the first floor above the name of “U” from April 2001 to April 201, 201, and the model hybrid, approximately 15 meters high from the name of “U” (hereinafter “instant model hybrid”).

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