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(영문) 서울동부지방법원 2016.12.15 2015가합105344
손해배상(기)
Text

1. The defendant is against the plaintiffs other than plaintiffs A, B, C, D, E, F, G, H, I, J, K, L, M, N,O, P, Q, Q, R, and T.

Reasons

1. Facts of recognition;

A. Status 1 of the parties concerned) The plaintiffs are Seongdong-gu Seoul Metropolitan Government U apartment (hereinafter referred to as the "Plaintiffs apartment complex").

Of the attached Form 4. The term “Dong-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho

[Attachment 4. The term “ownership and residence” and “resident period” of the “ownership and residence relationship” have been owned and resided as indicated respectively. 2) The Defendant is an executor of the construction of new apartment 688 households of Seongdong-gu Seoul, Seongdong-gu, Seoul, with the size of 47 stories above ground, located on the south of the Plaintiffs, with the size of 47 stories above ground (hereinafter “instant apartment”).

B. (1) Around July 31, 2012, the Defendant obtained the approval of the project plan for the instant apartment construction project from the Seongdong-gu Office. The two industrial companies, the contractor of the instant apartment construction project, started to construct the instant apartment and completed the instant apartment building construction on July 31, 2016. (2) The alteration of the total sunlighting hours (the aggregate of sunlighting hours during the eight hours between 8:00 and 16:00 on the basis of wintering day) for the apartment owned by the Plaintiffs before and after the construction of the instant apartment and the continuous sunlighting hours (six consecutive hours between 9:00 and 15:00) are as stated in attached Table 3.

3) The view infringement rate of the apartment owned by the plaintiffs due to the new construction of the apartment of this case is as indicated in the relevant “Intent Loss Rate” in the “Damages List” as stated in attached Table 3. [Grounds for recognition] The fact that there is no dispute, Gap’s 1 through 6, 8, and Eul’s 11 and 12 (including each number, hereinafter the same shall apply).

each entry, the result of the appraiser X’s appraisal, the purport of the entire pleading

2. Occurrence of liability for damages;

A. Regarding the plaintiffs' assertion of violation of the right to sunshine 1.

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