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(영문) 서울중앙지방법원 2019.07.10 2017가합562764
손해배상(기)
Text

1. The Defendants jointly share KRW 54,158,140 to the Plaintiffs, as well as the period from February 15, 2019 to July 10, 2019.

Reasons

1. Basic facts

A. On November 30, 2015, the Plaintiffs acquired ownership of each one-half portion of the Gangnam-gu Seoul E Apartment F (hereinafter “Plaintiff apartment”) and jointly reside in the Plaintiff apartment. Defendant C Co., Ltd. is a person who newly built a three-story underground and seven-story apartment on the Gangnam-gu Seoul Gangnam-gu G land, Defendant D Co., Ltd., and Defendant D Co., Ltd’s new construction of a three-story underground and seven-story apartment houses on the second parcel of land outside Gangnam-gu Seoul, Seoul and its ground (hereinafter “Defendant’s housing”).

B. The Defendants, upon obtaining a building permit on November 27, 2015, commenced the new construction of the Defendant Housing and completed the structural construction work on September 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 5 through 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiffs asserted that the Plaintiffs secured a sufficient amount of sunshine before the new construction of the Defendant’s housing. However, as the Defendants newly constructed the Defendant’s housing adjacent to the Plaintiff’s apartment, the Plaintiffs suffered property damage and mental suffering that led to the infringement of the right to sunshine, thereby falling under the value of the apartment’s property.

Therefore, the plaintiffs claim against the defendants the amount of 75,940,200 won and damages for delay equivalent to 20% of the decline amount due to infringement of the right to sunshine and 91,128,240 won and damages for delay equivalent to 15,18,040 won.

3. Occurrence of liability for damages;

A. In a case where the owner, etc. of a land of the relevant legal doctrine deems that the sunshine benefits he/she had enjoyed from the past are valuable as objective living benefits, it can be legally protected. The number of sunlight generated by blocking sunlight due to the construction of a new building or structure in the vicinity of the building or structure, namely, the number of sunlight that has been previously enjoyed in the land in question, has been reduced due to the increase of sunlight, the scope of new construction as a legitimate exercise of rights.

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