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(영문) 서울동부지방법원 2018.09.14 2016가단145335
손해배상(기)
Text

1. The Defendant (Appointeds) KRW 7,337,300, KRW 3,729,550, KRW 3,729,550, KRW 3,729,550, and KRW 3,729,550, respectively, to the Appointeds A.

Reasons

1. Basic facts

A. The Plaintiffs are attached to Seongdong-gu Seoul Metropolitan Government N Apartment Odong (hereinafter “Plaintiffs’ apartment complex”).

1. The “number of houses” stated in the claim list is the sectional owners of each of the relevant households, and the Plaintiff C, D, G, H, K, and L are the attached Form

1. Each of the pertinent “number of shares” in the claim list shall be co-owners of one-half shares;

The Defendant is a project implementer that newly built 7 apartments with the size of 22 to 39 stories above ground (hereinafter “instant apartment”) in Seongdong-gu Seoul, which is adjoining to the south of the Plaintiffs’ apartment building, and that started construction work around October 26, 2015 and is underway.

Whether the completion has been completed is not clear in the record.

B. Prior to the construction of the instant apartment, the Plaintiffs acquired the ownership of each of the relevant apartment before the construction of the new apartment, and the Plaintiffs (excluding the appointed parties I) began to occupy each of the relevant apartment before the construction of the new apartment, and the Plaintiffs (excluding the appointed parties I) began to occupy the relevant apartment before the construction of the new apartment until the date of the conclusion of the pleadings except Plaintiff D

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Occurrence of liability for damages;

A. The defendant's assertion that the plaintiffs asserted is without merit.

On the other hand, the plaintiff asserted the liability for damages caused by privacy infringement in the original complaint, but it is deemed that the claim was actually withdrawn when changing the purport of the claim and its cause of claim.

The defendant newly constructed the apartment of this case and infringed the right of sunshine and the right of mutual assistance that significantly exceed the limit of admission to the plaintiffs, and due to that, the attached Form

1. The phrase “property value decline” in the claim list asserts that each apartment owned by the plaintiffs suffered damages due to a decline in the market price, such as the statement, and seek compensation for such damages to the defendant.

B. If the right of sunshine infringement part 1 land owner, etc. previously enjoyed from the previous land owner has value as an objective living benefit, it can be legally protected.

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