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(영문) 서울중앙지방법원 2018.10.12 2017가단5163837
건물철거 등 청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs are several buyers who purchased the Gangnam-gu Seoul Metropolitan Government D apartment (hereinafter "the apartment of this case") E (hereinafter "the apartment of this case") from the defendant.

B. From the inside of the apartment E of this case, the fences installed on the rooftop of the previous commercial building (hereinafter “instant commercial building”) seem to be as shown in the attached photo.

An appraiser appraised that the infringement rate of the view in the attached Form 1, 13%, 25%, 3%, 5%, 12%, and 11,580,000 won, considering that the infringement rate of the view in the attached Form 1, 13%, 25%, 3, and 4%, respectively, and the total infringement rate of the view in the original section.

[Ground for recognition] Partial disputes, the result of appraisal by an appraiser

2. At the time when the plaintiffs asserted that the apartment E was visiting the apartment model house of this case, and the apartment building of this case is low floor and the right of view and right of sunshine are not infringed on before that, through the apartment model and the view view. Examining the apartment model and the view view together with the defendant's employees, the above employees explained that the height of the building of this case does not reach the height of the apartment E, and that the right of view, right of sunshine, etc. is not infringed, and concluded the sales contract of this case as to the apartment E.

However, unlike the explanation of apartment model, view view, and right to enjoy sunshine, etc. at the time of the contract, the height of the building of the building of the building of the building of the building of the case is more than the apartment E of the case, and the fence installed on the rooftop of the building of the building of the case of the building of the building of the building of the case infringed on the view of the front apartment E of the apartment.

Since the height of the building of the commercial building of this case was indicated as a structure that did not reach the height of the apartment building E in this case in the apartment model, this is about the exterior type of apartment and incidental facilities.

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