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(영문) 수원지방법원성남지원 2017.11.24 2016가합207191
손해배상(기)
Text

1. The defendant shall make the money stated in the corresponding column of "amount of tolerance" in the attached Table 2 to the plaintiff (Appointed Party) and the Appointor.

Reasons

1. Basic facts

A. Status 1 of the parties and their designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”).

) The GG apartment 304 unit in Gwangju City (hereinafter “Plaintiff apartment 304 unit”).

Of the attached list 2, each household's sectional owners in the corresponding column of "the heading number" column is located, and whether the plaintiff et al. residing in the plaintiff et al. is as shown in the corresponding column of "the residence" column in the attached list 2 (However, as mentioned later, the Selection C and D are not currently sectional owners of the plaintiff's apartment.

(2) The Defendant is an executor of a new apartment construction project with a total of 12 to 22 floors above ground, 6 Dongs, and 405 households above ground leveling to a total of 19,917 square meters (hereinafter “Fable block”) located on the south of the Plaintiff apartment complex (hereinafter “instant apartment”).

B. On December 28, 200, the Plaintiff’s apartment and the instant apartment were approved for use on or around December 28, 200, and its location is the place indicated as “subject to appraisal” of the satellite photograph below (hereinafter “304 Dong”). BF2) The location of the instant apartment is the place indicated as “new building site” of the said satellite photograph (hereinafter “FB block”).

The apartment of this case was commenced on May 1, 2015, and the structural construction was completed on March 27, 2017.

3) At present, the appearance of the Plaintiff’s apartment is as follows, and the appearance of the instant apartment is as follows, “G 6. New Building”. C. The decision of recommending settlement in the relevant provisional disposition case became final and conclusive 1) on November 30, 2015 against the Defendant on November 30, 2015, the Plaintiff filed an application for provisional injunction against construction works seeking a prohibition of construction works exceeding a certain number of floors among the instant apartment units under the heading Sungwon District Court’s Sung-nam Branch 2015Ka60175.

2) On January 28, 2016, in the foregoing case of provisional injunction against construction works, a decision to recommend reconciliation (hereinafter “decision to recommend reconciliation of this case”) with the following content as follows.

The decision to recommend reconciliation in this case was made on February 15, 2016, and the defendant infringed on the right to sunshine in relation to the new apartment construction in this case on February 15, 2016.

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