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(영문) 부산고등법원 2016.08.17 2016나523
손해배상(기)
Text

1. The decision of the court of first instance against the defendant in excess of the money ordered to be paid below among the part against plaintiffs BF.

Reasons

1. The reasoning for the court's explanation on this case is that the court of first instance submitted additional evidence to this court, which focuses on the necessity of enhancing convenience in commerce and other businesses, not as a central commercial area, but as a general commercial area. The plaintiffs can sufficiently anticipate the construction of buildings or development activities at a level corresponding to these regional characteristics around the plaintiffs' buildings. Thus, the violation of the right to sunshine, etc. suffered by the plaintiffs is within the limit of admission. The court of this case, which is insufficient to recognize the defendant's assertion, rejected each fact-finding results on the Minister of Land, Infrastructure and Transport and the Busan Metropolitan City Mayor, which are the same as the reasons for the judgment of the first instance, except for using or adding some contents as follows, and thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. The part of the judgment of the court of the first instance, in the first instance, is as follows.

【The plaintiffs occupying in around 2008, who obtained a building permit for the first underground floor and the fifth floor neighborhood living facilities, which are scheduled to enter the fiveth floor above the ground, and the building permit for the construction of the 6th floor above the ground and the 35th floor above the ground as of October 18, 201, which are merely the 1/3th of the site of the building site of the plaintiffs, was modified to the effect that the building permit was newly constructed as of October 18, 201, and the 37.94% to 65.05%, and the volume ratio was expanded from 136.23% to 98.58%, and it seems difficult to expect that the building of this case was built on the same super high-rise building as the Defendant building

(b)in addition, to the list of pages 28 of the first decision of the first instance, the following shall be added:

“(However, in the case of Plaintiff BF, the entire shares of Plaintiffs A, A, 3803.

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