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(영문) 부산지방법원 동부지원 2021.02.04 2019가단227512
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff C with KRW 5,012,90, and KRW 3,763,400 to Plaintiff D, and KRW 5,346,80 to Plaintiff E, and Plaintiff.

Reasons

1. Facts of recognition;

A. The Nam-gu Busan Metropolitan Government Klllle (hereinafter “multi-household house”) is an aggregate building of the fourth floor size above ground.

B. Plaintiff A is the owner of the first floor L of this case’s multi-household housing, Plaintiff B, Plaintiff C, Plaintiff D’s second floor N, Plaintiff D’s second floor P, Plaintiff E’s third floor P, Plaintiff F’s third floor Q Q R, Plaintiff H, Plaintiff H’s fourth floor R, and Plaintiff H are each owners of the fourth floor S.

(c)

Defendant I, as a contractor, newly built the instant Defendant’s housing by obtaining a construction permit from the head of the Busan Metropolitan City office, with respect to the apartment houses and business facilities (hereinafter “Defendant’s housing”) on the land in Nam-gu, Busan Metropolitan City.

(d)

The horizontal and vertical position relationship between the multi-household housing of this case and the Defendant housing of this case is as follows.

vertical position relationship between horizontal location;

E. The daylight hours of the instant multi-household owned by the Plaintiffs were changed as indicated in the separate sheet due to the construction of the Defendant’s housing.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1 through 7, 10, 11 (including each number), and images, results of appraisal commission, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. 1) Damage caused by the infringement of sunshine is worth as an objective profit in life, in which the owner, etc. of land has enjoyed from the past.

It can be legally protected if there is an increase in the number of sunlights generated by blocking sunlights due to the construction of buildings or structures in the vicinity, that is, in the event of a decrease in the number of sunlights previously enjoyed in the land in question, land generally land in light of social norms by comprehensively taking into account all the circumstances, such as the degree of sunshine obstruction, the legal nature of the benefits from sunshine, the use of damaged buildings, the nature of the benefits from damage, the regional nature of the land, the ex-ante relationship of land use, the possibility of preventing damage and avoiding damage, the possibility of violation of public law regulations, the progress of negotiations, etc.

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