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(영문) 부산지방법원 2019.04.16 2018가단302106
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of GGGD located in Busan Shipping Daegu (hereinafter “Plaintiffs”), and Plaintiff A is the owners of Hho, Plaintiff B I, Plaintiff Jho, and Plaintiff D, respectively.

B. On November 27, 2013, Defendant E Co., Ltd. (hereinafter “Defendant E”) completed the registration of ownership transfer with respect to the land other than Busan Shipping Daegu L, adjacent to the Plaintiffs, and seven parcels. On September 25, 2015, the Defendant Housing and Urban Guarantee Corporation completed the registration of ownership transfer with respect to the said land on the ground of trust, and newly constructed a total of 23 floors, 3 Dongs, and 232 households on the ground of the said land (hereinafter “instant apartment”).

C. Defendant E completed the instant apartment on or around February 2018, and the Defendant Housing and Urban Guarantee Corporation completed the registration of ownership transfer on or after the ground of reversion of trust property to Defendant E.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 4 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiffs asserted that they suffered property damage, which caused the decline in the value of the plaintiffs' lending, due to the violation of their privacy by Defendant E’s new construction of the apartment of this case, and suffered considerable mental suffering.

Therefore, Defendant E is obligated to pay to Plaintiff A and B 10,920,000 won each (i.e., property damage of KRW 7,920,000,000), Plaintiff C 10,650,000 (=property damage of KRW 7,650,000,000), Plaintiff D 9,480,000 (property damage of KRW 6,480,000) and damages for delay thereof (=property damage of KRW 6,480,000). In order to prevent such infringement of the Plaintiffs’ privacy, Defendant E is obligated to install a blocking facility as described in the purport of the claim and pay KRW 1,00,000 per month as indirect compulsory enforcement.

The Defendant Housing and Urban Guarantee Corporation shall conclude a trust agreement with Defendant E on the instant apartment site.

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