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(영문) 서울중앙지방법원 2015.12.11 2013가단257937
손해배상(기)
Text

1. The Defendant: KRW 7,083,50; KRW 8,142,500 to Plaintiff B; and KRW 5% per annum from February 1, 2014 to December 11, 2015; and

Reasons

1. Fact-finding;

A. Plaintiff A is the owner of Gangnam-gu Seoul Metropolitan Government 1st floor No. 102, and Plaintiff B is the owner of the second floor No. 202, who is an owner of the D 2nd floor, and is residing in each of the above houses (hereinafter “Plaintiffs’ houses”).

The defendant constructed a five-story neighborhood living facility on the ground (hereinafter referred to as "the defendant's building") in the E site abutting on the plaintiffs' housing site, and completed the structural construction, etc.

B. The site where the plaintiffs' housing and the defendant's building are located is a slope, and the defendant's building is located more than the plaintiffs' housing, and the defendant's building is south and north.

The plaintiffs' housing belongs to the apartment house (8 households) of the fourth floor above the ground level, and the defendant's building is a new building with the second floor above the ground level above the ground level above the ground level above the ground level.

C. The place where the plaintiffs' housing and the defendant's building are located is a Class 3 general residential area under the Urban Planning Act.

The changes in the hours of sunshine, the changes in the view environment, and the probability of privacy infringement before and after the construction of the defendant building are as shown in the attached Form.

However, the change in the probability of privacy infringement is assumed when there is no forest facility.

The plaintiffs' housing and the defendant's building are adjoining to each other, but they cannot be seen as housing of the plaintiffs because they are forest facilities installed in the north of the defendant's building. Therefore, privacy in the plaintiffs' housing cannot be seen.

[Ground for Recognition: Facts without dispute; Gap evidence Nos. 1 through 5; Eul evidence Nos. 1 through 5; appraiser F; the result of appraisal and fact-finding, the purport of the whole pleadings]

2. Determination

A. (1) In the event a new construction of a building that infringes on the right to sunshine causes disadvantages to a resident on the adjoining land due to the blocking of direct light, such new construction is deemed to be an illegal and harmful act beyond the scope of legitimate exercise of right.

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