1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

A. On July 31, 2002, the Plaintiff purchased the instant land B (hereinafter “instant land”). On July 1, 2010, the Plaintiff obtained a building permit for the first floor of detached houses (hereinafter “instant housing”) on the instant land, and obtained approval for the use of the instant housing on March 14, 201.

B. On January 21, 2009, the Defendant approved and publicly notified an implementation plan for acquisition of and compensation for the above land on the above land, and constructed D including the so-called so-called so-called so-called “D” on the above land.

[Reasons for Recognition] A, Gap's evidence Nos. 1 through 3, 6, Eul's evidence No. 1, and the plaintiff's assertion of the purport of the whole argument as to the purport of the whole argument, the housing of this case had a wind to see the sea centered around E before D Construction. For this reason, the plaintiff purchased the land of this case at a price higher than the market price at the time.

However, due to the construction of D, the benefit of view of E, sea, etc. that the plaintiff had already enjoyed is infringed, and the damage is suffering from the construction noise.

Therefore, the defendant is obligated to compensate the plaintiff for consolation money of KRW 20,440,000 and damages for delay caused by mental distress, which are damages equivalent to the decline in the market price due to the infringement of the view right as above, and the damages for delay.

Judgment

If it is objectively recognized that the landscape or view that the owner of a land or a building has enjoyed from before has had the value as a single living benefit, such benefit of view can be legally protected, and in principle, such benefit of view has special value in view of the outside from such place, and it is the case where a building is constructed for one important purpose of enjoying such benefit of view.