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(영문) 서울중앙지방법원 2017.08.31 2016가단5026672
손해배상(기)
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The Defendants jointly share the amount recognized as damages.

Reasons

1. Facts of recognition;

A. The Plaintiffs are the respective owners of the relevant housing indicated in the attached Table “house owned”, and the remaining Plaintiffs, other than Plaintiffs D, E, B, F, C, and G, are residing in each of the above housing units.

B. From around 2014 to 2016, I apartment house was newly built in the Hilwon-gun, Gyeongnam-gun (hereinafter “instant apartment”). The Defendant Korea Land Trust Co., Ltd. is the executor of the said building project, and Defendant Newcheon Construction Co., Ltd. is the construction contractor.

C. Following the construction of the apartment of this case, the hours of sunlighting each house owned by the plaintiffs were changed as stated in the corresponding part of the attached Table. Among them, in the case of each house owned by the plaintiffs J, K, L, M, M, N, D, P, P, Q, Q, R, and G (hereinafter the above plaintiffs referred to as "the plaintiffs violating the right to enjoy sunshine"), the hours of sunlight was within the limit of acceptance (which was marked as "" within the limit of acceptance" in the attached Table "the limit of admission and the limit of admission" in the previous Supreme Court precedents before the construction of the new apartment of this case, but after the new construction of the apartment of this case, it was displayed as "the limit of admission" in the attached Table "the limit of admission" if the hours of sunlighting are more than four hours per day and less than two hours per day per day per day, it was marked as "the limit of admission" in the attached Table "the limit of admission".

The appraisal result of the decrease in the value due to the infringement of sunshine of each house owned by the plaintiffs in the right of sunshine shall be as specified in the corresponding part of the plaintiffs in attached Table "the margin of the market value".

E. The Defendants were issued an administrative fine and an improvement order on September 6, 2015 due to the fact that the noise of 68.8 db on June 25, 2015, 70.5 db on July 20, 2015, and 69.4 db on September 6, 2015, in excess of the regulatory standards (65db) in the process of constructing the instant apartment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 7 (including a serial number; hereinafter the same shall apply), appraiser's appraisal result, and the appraisal corporation of this court.

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