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1. The defendant shall set forth the attached Form 2 award sheet to the rest of the plaintiffs except plaintiffs B, C, D, E, F, G, and H.
Reasons
1. Basic facts
A. The rest of the plaintiffs except plaintiffs I, J, and K are co-owners of the corresponding housing units indicated in the "location of the housing unit" in the attached Form 3 of the claim amount table in the Dongjak-gu Seoul Metropolitan Government LM apartment (hereinafter "Plaintiff apartment"), which was newly constructed on December 6, 2003, and the plaintiff I is the owner of the building on the ground of the Dongjak-gu Seoul Metropolitan Government N above ground newly constructed on December 6, 2003, and the plaintiff J, and K are co-owners of the Dongjak-gu Seoul Metropolitan Government O and the ground building (hereinafter "Plaintiff apartment unit, etc.") newly constructed on December 28, 1996.
B. Around 2015, the Defendant started the construction of a new apartment (hereinafter “Defendant apartment”) composed of 4 underground floors and 29 floors above ground in the Dongjak-gu Seoul Metropolitan Government RRwon adjacent to the Plaintiff apartment (hereinafter “Defendant apartment”) and completed the structural construction around June 17, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Plaintiffs asserted that they had secured a sufficient amount of sunshine before the new construction of the Defendant apartment. However, as the Defendant newly constructed the Defendant apartment building adjacent to the Plaintiff apartment, the Plaintiffs suffered property damage and mental suffering due to their infringement of the right to sunshine and the right to mutual assistance, thereby falling under the value of the property of the apartment, etc.
Therefore, the Plaintiffs, as a result of the infringement of the right of sunshine and the right of mutual assistance, seek against the Defendant the money indicated in the “amount of claim” column in the attached Table 3 of the same Table, which is the sum of each money recorded in the “mental damage” column in the attached Table 3 of the same Table, as the money recorded in the “amount of claim”.
3. Occurrence of liability for damages;
A. (1) Determination as to the infringement of the right to enjoy sunshine (1) the right to enjoy sunshine, which the owner of land, etc. had previously enjoyed from the past, is worth as an objective living benefit.