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(영문) 서울중앙지방법원 2019.02.01 2018가단5051870
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the building of the fourth floor above the ground (46.21/100 of the Plaintiff’s share, 36.03/100 of the Plaintiff’s share, and 17.76/100 of the Plaintiff’s share) in Gangnam-gu Seoul Ean 671.9m2 (the Plaintiff’s share 551.9/9, the Plaintiff’s share 671.9, and the Plaintiff’s share 60/100 of the Plaintiff’s share).

B. The defendant is the above A.

The operator of the H apartment complex construction project (hereinafter referred to as the “instant construction project”) composed of 31 floors, consisting of a total of 4 Dongs in progress by having the contractor G from the Gangnam-gu Seoul, Seoul, which is adjacent to the land and building described in the paragraph, as G.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1-1, 2, 2, 3, 4, and the purport of the whole pleading

2. The Plaintiffs, prior to the instant construction, were low-rise apartments. Since the instant construction was reconstructed into a high-rise apartment of the 31st floor following the instant construction, the Plaintiffs’ right to sunshine on the land and buildings was considerably infringed, and thereby, the Plaintiffs, first of all, seek a partial claim for property damage, which is KRW 50,000,000, by asserting that property damage was incurred due to the decline in the value of the said land or building.

However, it is difficult to recognize the fact that there was interference with the right to enjoy sunshine exceeding the tolerance limit under the social norms on the land and housing owned by the plaintiffs due to the construction of this case, and there is no other evidence to acknowledge it otherwise.

3. In conclusion, the plaintiffs' claims against the defendant are dismissed as it is without merit. It is so decided as per Disposition.

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