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(영문) 부산고등법원 2020.06.25 2019나51232
손해배상(기)
Text

1. The plaintiffs' appeal and the claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The grounds for this part of this Court are as stated in the “1. Recognition” column (attached Form 3, 4) for the reasons of the judgment of the court of first instance.

(2) On January 2, 200, the plaintiffs asserted that the plaintiff's apartment building was built on the ground of the land of this case on the 25th floor size at the time of the purchase of the plaintiff's apartment building. In fact, the apartment building of this case on the ground of this case was built on the 69th floor size.

Accordingly, since the plaintiffs suffered damages due to the construction of the part exceeding 25 floors among the apartment buildings of this case, such as the right to view, the right to view view, the right to view view, and privacy, the defendant is obligated to compensate the plaintiffs for such damages due to the above tort. The specific amount of damages is the amount obtained by deducting the anticipated amount of infringement if a building of 25 floors is constructed from the infringed amount due to the construction of the apartment building of this case (the corresponding amount in the attached Form 2 claim list).

Furthermore, since the plaintiffs suffered not only property damage but also mental damage due to the above tort committed by the defendant, the plaintiffs seek consolation money of one million won per household (the corresponding money as stated in the "comfort Data" in attached Table 2).

3. The reasons for this part of the judgment are as stated in the corresponding part of the judgment of the first instance (from the third to the third below below 9), with the exception of those used or added as follows:

(The main text of Article 420 of the Civil Procedure Act). The sixhh to the sixhh to the fourth fifth to the court of first instance shall be added as follows:

In addition to the result of this court's request for complementary appraisal for appraiser E, it is compared with the infringement rate of view due to the construction of the apartment of this case on the premise that the apartment of this case is changed to 25 stories among the plaintiff's apartment of this case.

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