1. The Defendant’s KRW 2,571,200 as well as the Plaintiff’s annual rate of 5% from December 9, 2016 to November 21, 2017, and the following.

Basic Facts

A. From May 26, 201, the Plaintiff is the owner of the 1st 1st 1st 7.51 square meters and 2nd 35.39 square meters and 2nd 35.39 square meters (hereinafter “the Plaintiff’s housing”).

B. The Defendant started construction on November 1, 2014 and completed the construction on April 8, 2015, with respect to the 20.65 square meters of detached housing of 4 floors of reinforced concrete structure, 204.8 square meters of 204.8 square meters of 3 stories, 204.8 square meters of 4 stories, and 212.24 square meters of 4 stories (hereinafter “instant Defendant’s housing”), and is the owner of the instant Defendant’s housing.

C. The Defendant’s Housing is located near the Plaintiff’s Housing.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including the number of pages), and the purport of the whole argument of the plaintiff, the summary of the plaintiff's argument, as a whole, is that the defendant newly constructed the defendant's housing in this case, the sunlight in this case does not appear.

The defendant's infringement of the right to enjoy sunshine constitutes a tort.

Therefore, the defendant is obligated to pay to the plaintiff 25,000,000 won and damages for delay incurred by the plaintiff.

Judgment

When the owner, etc. of one piece of land who has been enjoying from the previous one is deemed to have value as an objective living benefit, it can be legally protected. In other words, in the event that the sunshine interruption which has been previously enjoyed in the land concerned has occurred due to the increase of sunshine in the range of sunlight, damage benefit, the legal nature of the damaged building, the use of the damaged building, the regional nature of the land, the priority relationship of the land use, the possibility of preventing damage and avoiding damage, the possibility of violation of public law regulations, and the progress of negotiations, if generally accepted by social norms generally exceeds the acceptable limit of the owner of the land concerned.