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(영문) 부산고등법원 (창원) 2018.12.13 2018나12271
손해배상(기)
Text

1. Each of the designated parties listed in the judgment of the court of first instance (attached Form) Nos. 19 through 33 is below.

Reasons

Basic Facts

The plaintiffs are those who own or own independently or jointly the part of exclusive ownership of the 31 household units of Seongdong-gu, Changwon-si (hereinafter referred to as the "Plaintiff apartment"), Sungwon-si (hereinafter referred to as the "Plaintiff apartment"), and E-dong (attached Form 3), and are residing therein after acquiring the ownership of each corresponding section of exclusive ownership and completing the transfer.

[Attachment] List of Appointed (hereinafter referred to as the "Selection List")

Of the designated parties, the number 8 F, No. 16 G, No. 17, H, No. 19, No. 19, J, No. 23, and K No. 28 are not residing in the Plaintiff’s apartment). The Defendant, as a housing reconstruction and improvement project partnership, started the construction of the 9 apartment units on the window of Changwon-si adjacent to the Plaintiff’s apartment, the 25 to 29th apartment units on the M’s surface (hereinafter “Defendant apartment”). The Defendant, as a housing reconstruction and improvement project partnership, started the construction of the 8th apartment unit on November 29, 2016.

Plaintiff

The arrangement of apartment and defendant apartment (attached Form 4) shall be as shown in video images.

(Ddong and E Dong among the plaintiffs' apartments are located successively from the end of each Dong to 1 to 8). [The grounds for recognition] There is no dispute, each entry and image of Gap's evidence Nos. 1, 2, 5, 6, Eul's evidence Nos. 1 through 9, and 13 (including each number number), the appraisal result of the first instance court's appraiser P, the assertion of the purport of the entire pleadings, and the gist of the plaintiffs' assertion that the plaintiffs' assertion are the defendants' apartments newly constructed in the vicinity, the plaintiffs suffered pressure due to the interruption of sunshine, the obstruction of view from the view of view, the invasion of privacy, and the damages to property due to the decline in the market price of each corresponding section for exclusive use were suffered from mental suffering.

Therefore, the defendant is liable for damages due to the above illegal acts, and the defendant must pay each corresponding amount and damages for delay indicated in the "amount claimed by the plaintiff No. 3" list of claims.

It is a new construction of a judgment building about the interruption of damages liability.

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