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(영문) 서울남부지방법원 2017.07.06 2016가단234788
손해배상(기)
Text

1. The Defendants jointly share KRW 12,058,460 with respect to the Plaintiff, and 5% per annum from April 16, 2015 to July 6, 2017.

Reasons

1. Basic facts

A. The Plaintiff is the owner who completed the registration of ownership transfer on April 17, 1997 with respect to a detached house of 115.4 square meters in Geumcheon-gu Seoul, Geumcheon-gu and its second floor (hereinafter “instant damaged building”).

B. At the south of the damaged building of this case, the two-story apartment houses were located on the adjoining land of Geumcheon-gu Seoul Metropolitan Government and the two-story apartment houses on G were located on the adjoining land.

The Defendants purchased each of the above lands as co-ownership and divided the said F land into H 358.1 square meters, I 306.6 square meters, J 171 square meters, respectively. The Defendants completed the registration of transfer of each of the said G land and J land as the sole ownership of Defendant C, and the said G land and J land as the sole ownership of Defendant C.

C. The Defendants removed the existing building and newly built a multi-unit housing of five stories on the pertinent land owned by themselves; Defendant B was subject to each approval for use on April 16, 2015; Defendant C was granted on March 31, 2015; and Defendant D on March 23, 2015, respectively.

(hereinafter referred to as “the buildings of this case”) D.

The location and shape of each building before and after the construction of the instant Maritime Building are as follows.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 9 (including paper numbers), Eul evidence 1 and 2, the result of the appraisal commission to the appraiser K of this court, the purport of the whole pleadings

2. The plaintiff asserts that since the plaintiff's right to enjoy sunshine, view and privacy were infringed due to the construction of a new building of this case, the defendants, the joint tortfeasor, shall jointly compensate the plaintiff for property damage of KRW 18,122,100, and KRW 3,000,000 as consolation money.

In this regard, the defendants were constructed in compliance with the building laws and regulations, and in the case of the Class 2 general residential area, it can be anticipated that the building of not more than 7th floor will be newly constructed. Therefore, the infringement of the right to sunlight, etc. which exceeds the acceptable limit under the social norms due to the building of this case.

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