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(영문) 서울북부지방법원 2018.12.14 2016가단142974
손해배상(기)
Text

1. The Defendant: (a) KRW 37,797,840; and (b) KRW 2,00,000 and each of the said money to Plaintiff A; and (c) from January 7, 2016 to December 2, 2018.

Reasons

1. Facts of premise;

A. The plaintiffs are living together in Seongbuk-gu Seoul E-ground multi-family house (hereinafter “Plaintiff building”) owned by the plaintiff as husband and wife, and the defendant is the owner of the defendant building adjacent to the plaintiff building, and each building is within the third general residential area of the urban area.

B. The Plaintiff’s building is installed on the main entrance and exit of each floor up with the building consisting of 1-3 square meters on the ground (79.92 square meters each, 79.92 square meters) and 9.87 square meters on the ground, the use of which was approved on July 27, 2002, and the windows are installed on the side of the outer wall of the building face to the Defendant’s building.

【Defendant Building” was a multi-family house composed of 1-4 square meters on the ground (59.44 square meters on the first floor, 2-3 square meters, 58.93 square meters on the fourth floor, 40.32 square meters on the fourth floor, 11 square meters on the fourth floor) and a rooftop (8.36 square meters on the fourth floor) on December 28, 2015, which was newly constructed and approved for use on December 28, 2015.

Applicant The separation distance of the two buildings is about 3.1m, the distance between the defendant's building outer wall line and the plaintiff's building site's cadastral boundary line is about 2.60m, and the defendant extended the closed-type panel structure ("point structure") on the fourth floor before the registration date without permission.

(the location and the appearance of the two buildings are as follows). Construction of a new building prior to the construction of a new building by the Defendant is to be expanded:

B. (i) The number of hours of sunlighting between the total number of hours between 08:00-16:00-15:00 of the same day of the Plaintiff’s building, which applied the method of analyzing the standard on face value (at least 30 minutes of the measurement time, whether sunshine is made shall be at least 50% of the sunshine area), and the number of hours of sunlighting between the total number of hours between 09:00-15:00 of the same day and the number of hours during six consecutive hours between 09:0 and the same day.

After the construction of major structures before the construction of the Defendant building, the total number of sunlighting hours shall be the maximum number of sunlighting hours per hour and 48 minutes per hour and 48 minutes per hour (=288 minutes), 5 hours and 49 minutes (=349 minutes) 24 minutes and 19 minutes (=349 minutes) 24 minutes and 19 minutes 24 minutes per hour.

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