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1. The Defendant: (a) KRW 4,795,00 for Plaintiff A; (b) KRW 13,424,00 for Plaintiff B; and (c) KRW 28,146,00 for Plaintiff C and each of the above.
Reasons
1. Basic facts
A. Of the building E in Jeju-si (hereinafter “Plaintiff’s Housing”), Plaintiff B owns respectively, from December 18, 2015 to December 18, 2015; Plaintiff A from May 30, 2016 to Plaintiff A; and Plaintiff Company from May 30, 2016 to H, I, Jho, and G (hereinafter “Plaintiff’s housing number”).
B. On June 20, 2017, the Defendant started construction of the new construction of the 1st underground floor and the 3rd ground surface Lart (hereinafter “Defendant’s building”) on the ground near the south side of the Plaintiff’s house, and completed construction of the aggregate on January 20, 2018, and obtained the construction completion approval on May 31, 2018.
C. The part of the site of the Defendant’s building adjacent to the wall of the Plaintiff’s housing is used as the Cargo Track, and the shortest distance between the Defendant’s building and the Plaintiff’s housing is 6.1m, and the shortest distance between the Defendant’s building and the Plaintiff’s housing is 16.52m.
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D. The land on which the Plaintiff and the Defendant’s building are located is Class 2 general residential areas.
[Based on the recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 4 and 8 (including numbers; hereinafter the same shall apply), the appraisal commission of appraiser M in this court, the purport of the whole pleadings, and the purport of the plaintiff's assertion 2.1. The plaintiff's assertion that the defendant constructed the defendant's building, thereby infringing the plaintiff's right to enjoy sunshine of the plaintiff's house, which was obstructed, considerably decreasing the rate of view and getting open reduction. The infringement of the defendant's right to enjoy sunshine of the plaintiff's house was caused by the increase in view ratio, and the defendant's employees working in the defendant's building could see the inside of the plaintiff's house, thereby infringing privacy. Thus, the defendant must compensate the plaintiffs for damages to the plaintiff's property and mental distress suffered by the plaintiffs.
3. Occurrence of liability for damages;
A. As to the part of sunshine infringement, the construction of a new building makes the residents on the adjoining land to block direct mining lines.