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(영문) 부산지방법원 2015.07.02 2014가합11171
손해배상(기) 등
Text

1. The Defendant-In-House Housing Co., Ltd.: (a) KRW 178,324,00 and its amount from March 25, 2015 to July 2, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s ownership is at the time of completing the 104 unit of B apartment (hereinafter “instant apartment”) located on the land outside Busan Northern-gu, Busan, and two lots (hereinafter “instant apartment”) and the ownership relation is at the time of completing the outer wall structure construction, even below the sectional owners listed in the corresponding subparagraph of attached Table 1 as at the time of completing the outer wall structure construction.

is a juridical person.

(Annex 1, 105 and 1305, among the number of houses listed in attached Table 1, the remaining number of houses shall be owned up to now). (b)

Defendant 1 Co., Ltd. (hereinafter “Defendant 1’s house”) is the owner of the building that newly constructs and sells one unit of the main complex building (hereinafter “instant building”) on the ground of 3,843.33 square meters above the ground surface of 466.17 square meters adjacent to the south of the instant apartment site to the south of the instant apartment site, and the owner of the building that newly constructs and sells the instant apartment complex building on the ground of 14 square meters above the ground surface of 4843.3 square meters above the instant apartment site. Defendant 2 Co., Ltd. (hereinafter “Defendant 1 Do Construction”) is the construction contractor of the instant building.

C. The instant apartment building was commenced with the approval of the project on September 26, 2013 and completed on June 13, 2014, and completed on October 16, 2014. The instant apartment building and the instant Defendant building are located within the general commercial area.

The alteration of sunshine hours of the apartment of this case before and after the construction of the defendant building of this case is as shown in attached Form 2, and the degree of privacy invasion is as listed in attached Form 3.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 6, and 7, the result of this court’s verification, the result of appraiser E’s appraisal, the purport of the whole pleadings

2. Determination as to the claim against the Defendant’s fish-backed housing

A. 1) The establishment of liability for damages caused by the infringement of the right to sunshine (a) in a case where a resident on neighboring land was at a disadvantage of blocking a direct luminous line due to the construction of a new building, such new construction goes beyond the scope of legitimate exercise of right.

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