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(영문) 부산지방법원 2017.11.09 2016가단327194
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiffs are owners, co-owners, or lessees of each corresponding heading room (hereinafter collectively referred to as "heading room of the plaintiffs") listed in the column of the attached Table 2 among the attached Table 2, which is an aggregate building of 3rd underground and 35th above ground in Dong-gu, Busan, and also reside in the heading room of the plaintiffs.

B. The defendant is an executor of a project that newly constructs D apartment units of the size of the 1st underground floor and the 14th ground surface on the land in Busan Dong-gu, Busan, which is located adjacent to the northwest of the plaintiffs' head office (hereinafter referred to as "the defendant's building").

C. The current status of the plaintiffs' defense room and the defendant's building is as shown in the attached Form 3 detailed location map.

[Ground for recognition] A without dispute, evidence Nos. 2 and 3, evidence Nos. 4-1, evidence Nos. 5 and 7, evidence No. 8-1, evidence No. 8-9, evidence No. 10, evidence No. 11, 12, evidence Nos. 13, 14, and 15-1, each of evidence Nos. 16, 17, 18, evidence No. 19, and 20-1, evidence Nos. 21 and 22, evidence No. 23-1, evidence No. 24, and 25, evidence No. 1, evidence No. 1, and evidence No. 10-1, as a result of the appraisal conducted by appraiser E (hereinafter referred to as appraiser)

2. Prior to the Defendant’s new construction work, the Plaintiffs asserted that they resided in the family room of each of the Plaintiffs. On July 14, 2015, the Defendant obtained permission to construct a new building from the Defendant and carried out construction work.

The separation distance between the plaintiffs' heading room and the defendant's building is limited to 15 meters, and the height of the defendant's building per floor is higher than the plaintiffs' heading room.

Upon completion of the defendant's building, the inside of the plaintiffs' defense room appears in the defendant's building, which causes serious invasion of privacy to the plaintiffs.

Therefore, the defendant is obligated to compensate the plaintiffs for each amount of money in the attached Form 2, which is the sum of property losses and consolation money equivalent to the rejection price for the plaintiffs' rooms which suffered from privacy infringement.

3. Determination

A. The plaintiffs.

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