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(영문) 전주지방법원 2020.12.04 2019가단20575
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs owned part of the sectional ownership of the Ddong and E-Dong-dong, the 15th underground floor and the 15th floor C Apartment (hereinafter “instant apartment”) on the ground in the Dongdaemun-gu, Seoul Special Metropolitan City.

(The households owned by the plaintiffs are the same as the addresses of the plaintiffs). (B)

The Defendant removed 14 G apartment units with a size of 5 stories above the 13,368 square meters above the 5th floor in Dongdaemun-gu, Seoul Special Metropolitan City adjacent to the instant apartment, and constructed a new apartment unit with an underground floor from July 7, 2018 and 478 households above the 25th apartment units above the ground and ancillary welfare facilities (hereinafter “new apartment unit”).

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination as to the occurrence of liability for damages

A. Of the apartment of this case alleged by the plaintiffs, the part D, which is partitioned by the plaintiff H, I, J, K, K, M, M, N,O, P, Q, Q, Q, T, U, V, W, X, Y, and Z, has caused additional sunshine infringement due to newly constructed apartment, and the total sunshine hours are less than 4 hours per day per day and the number of sunlight hours is less than 2 hours per hour. Since the above plaintiffs' right infringement has occurred, the defendant is obliged to compensate for damages for decline in the market price of the above plaintiffs' apartment and consolation money. 2) If the right of sunshine benefits enjoyed from the previous apartment of this case are acknowledged to have value as an objective living benefit, it can be legally protected. In addition, if the building or structure was newly constructed in the neighboring area and thus, it is possible to prevent the sunshine of the land from occurring in the area where the obstruction of sunshine occurred, the possibility of increase in the use of the land in question, the possibility of causing damage after the increase in the existing regulation, the obstruction of sunshine in the area.

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