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(영문) 수원지방법원안산지원 2019.04.22 2018가합5499
손해배상(기)
Text

1. The defendant is against the plaintiff (appointed party) and the appointed party in the attached Form 2 compensation statement.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners (including co-owners) of a total of 168 households indicated in the column of “household” in the attached Form 3 Claim List among the Dadong, Edong, and Fdong-gu, Ansan-si (hereinafter “Plaintiff apartment”) which was completed around June 1987.

B. The plaintiff's apartment building's adjoining to the right south of the city of Ansan-gu G and 2 lots (hereinafter "the site of this case") had the five-story B apartment height, but the defendant is a reconstruction and maintenance project association established to implement the reconstruction project of the above apartment.

C. On November 29, 2013, the Defendant obtained authorization for the implementation of a housing reconstruction management and disposal plan with the same content as on March 31, 2015, to reconstruct a H apartment consisting of two underground floors, 28 through 35, 8 Dong, 1,129 households on the instant site (hereinafter “instant apartment”).

The Plaintiffs filed a motion against the Defendant for a provisional injunction against the instant apartment as to the prohibition of construction of the instant apartment by the court 2016Kahap10084, and the instant court rejected the motion on February 16, 2017.

In response to the above dismissal decision, the Plaintiffs filed an appeal with Seoul High Court No. 2017Ra20245. At the appellate court, the appellate court appraised the Plaintiffs’ right to sunshine, etc. due to the construction of the instant apartment. Based on the above appraisal result, on November 16, 2017, the Defendant paid the Plaintiffs KRW 1,400,000 as property and mental damages, and on the other hand, on November 16, 2017, the mediation that the Plaintiffs would not claim the prohibition of construction of the instant apartment constructed by the Defendant (hereinafter “instant mediation”), and around that time, the Defendant paid the damages to the Plaintiffs.

E. The structural construction of the instant apartment was completed on January 31, 2018.

F. The status of arrangement and horizontal and vertical location of the plaintiff's apartment and the apartment of this case are as shown in the attached Form 4.

[Ground of recognition] Unsatisfy, Gap, 1.

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