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(영문) 창원지방법원 2018.01.11 2016가단117080
손해배상(기)
Text

1. Defendant Eastern Co., Ltd.: KRW 300,000 each for the Plaintiff and its related thereto from October 26, 2017 to January 11, 2018.

Reasons

1. Basic facts

A. The Plaintiffs are the owners and residents of each household of the 111-dong AM apartment at Kimhae-si (hereinafter “AM apartment”).

(Specificly, the plaintiffs B, L, and P have the 1/2 shares of each of the above households. The plaintiffs asserted to the purport that they agreed with the co-owners that only one share holder should be the plaintiff.)

The defendant AL Area Housing Association (hereinafter referred to as the "Defendant Association") (hereinafter referred to as the "Defendant Association") is "the apartment of this case" in the total of 5 units, 203 units, Dong 203 units, Kimhae-si.

The new owner and the executor of the building, and the defendant Dong-to-dong Co., Ltd. (hereinafter referred to as the "Defendant Dong-to-dong case").

corporation is the contractor of the new construction project.

C. On June 2015, Defendant Eastern Building (hereinafter referred to as “instant construction work”) refers to the construction of the instant apartment.

(d) On the other hand, each apartment site in this case is designated as a Class-II general residential area under the National Land Planning and Utilization Act. [Grounds for recognition] Gap evidence Nos. 1 through 4 (including paper numbers, hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The instant apartment site claimed by the Plaintiffs was planned to establish an elementary school, and its surrounding building was almost rarely located. The Defendants newly constructed the instant apartment with approximately 30 meters different levels between AM apartment and the AM apartment, thereby reducing the co-ownership rate of each household owned by the Plaintiff.

As a result, the plaintiffs were unable to close down due to the blocking of view, and their living benefits, such as the right to view, were infringed.

In addition, the Plaintiffs suffered mental injury due to the occurrence of noise dust, vibration, etc. in the construction process of the instant case.

The defendant Cooperative is a cause under Article 44 (1) of the Framework Act on Environmental Policy, and the defendant Dong-to-land is the contractor of the instant construction project.

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