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(영문) 광주고등법원 2019.09.18 2019나21063
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendants jointly do the comparison table before and after the new construction of the attached Table 2.

Reasons

(d) was located on the south west, and the narrow breadth between two apartments is 47.1m;

As a result of the appraisal, whether the right to sunshine exceeding the limit of admission was infringed on the plaintiff's apartment building due to the construction of the defendant apartment building, and the result of the appraisal by the appraiser J of the first instance court which assessed the market price decline of the plaintiff's apartment building is as follows.

o) Whether the Plaintiff’s right to sunshine exceeding the tolerance limit and the infringement of astronomic't have occurred due to the construction of the Defendant apartment complex - Generations described as “after the new construction of new Table 2 Schedule 1” (hereinafter referred to as “households exceeding the tolerance limit”) in the column for “after the new construction of new Table 2 Schedule x” (hereinafter referred to as “new construction of new apartment complex”) were subject to sunshine exceeding the tolerance limit due to the construction of the Defendant apartment complex and infringement of astronomic's right to sunshine and astronomic't have been infringed (including households entered in red color on the following table) - QV TW - QW - AB AC AD AD AD AF AF AD AF AF AE AF AF AF AH AF AF AH A. 1, but the new construction of new apartment at least 200 hours per day to less than the maximum tolerance limit, but at least 9 per day prior to the new construction of new apartment or 24 per day after the date of new construction of new construction of apartment complex.

(However, considering that the view of the generation in the first and second floors has been beautiful due to trees that are in front of the limit of admission, the infringement rate of the view of the generation that exceeds the limit of admission is 45 to 100 per cent). The amount of the decline in the market price due to the right of sunshine and the infringement of the right of sunshine and the right of privacy - The market price of the generation that exceeds the limit of admission has decreased due to the infringement of the right of sunshine and the right of privacy over the limit of admission.

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