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(영문) 부산지방법원 2017.08.24 2016가단334291
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(1) The Plaintiff B is the owner of a concrete block structure, concrete flat broke roof, a single-story house, and a neighborhood living facility 52.89 square meters (hereinafter “Plaintiff’s side housing”) on the ground of the Plaintiff’s land B (hereinafter “Plaintiff’s land”). The Plaintiff A completed a move-in report on the Plaintiff’s house from May 12, 2014, and is actually sharing the Plaintiff B and the Plaintiff’s housing.

Do. The Defendants are co-owners of Busan Blue-gu G 315.3 square meters (hereinafter “the Defendant’s land”) in which the Plaintiff’s housing was stored on the same side and south of the same, in the form of “”.

Secondly, on the ground of the Defendant’s land, there was a 2-story building on the east side of the Plaintiff’s house, and the 4th floor building was followed by it, and the north side of the Defendant’s land was a 2-story building.

In addition, in the case of the dong between the plaintiff's housing, there was a separation distance of approximately 1.1m between the plaintiff's housing and the 1.1m.

The Defendants removed the existing 2nd floor buildings and constructed a building which is a 1st floor office, 2 to 4th floor office, 5 to 8th floor office (hereinafter “Defendant’s side building”), and multi-household house (hereinafter “Defendant’s side building”), on December 22, 2015, the construction permission was granted by the head of Busan Metropolitan Government, and from February 13, 2016, the construction of the building was conducted (hereinafter “instant construction”).

m. The Plaintiff’s housing unit HJ large H 376.7 square meters was located behind the Plaintiff, and the ten-story building on the ground was newly constructed since October 2015 (hereinafter “non-party building”).

(v) the construction form of the Plaintiff’s side building, the Defendant’s side building, and the Nonparty’s building is as follows, and in the quasi-residential area, multiple houses and buildings are concentrated around the surrounding areas.

GF H H

⑹. 원고측 주택은 별지 도면과 같이 북쪽으로는 2개의 점포가 있고, 남쪽으로는 작은 마당이 있고, 마당과 접하는 주택부분은 현관과 안방이고, 마당쪽으로 안방의 창문이 동쪽과 남쪽으로...

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