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(영문) 부산지방법원 서부지원 2018.08.22 2017가단7161
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2016, Defendant C entered into a construction contract with Defendant B and Busan, to remove existing buildings on the ground D and E, and to newly build six-story multi-households, etc., and completed all of the construction works on January 2017 under the said contract (hereinafter “instant construction”).

B. The Plaintiff, as the owner of a multi-household housing on the second floor located in the Fropo-gu, Busan, which is directly adjacent to the building newly constructed through the instant construction, installed solar power infrastructure on the rooftop of the said housing.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff's assertion is asserted that the construction works of this case by the defendants suffered damages of 62,450,000 won in total, as shown in the separate list of damages, such as sunshine interruption, etc., but it is not sufficient to recognize the above only by the descriptions of evidence Nos. 5 through 19, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is not correct.

3. In conclusion, the Plaintiff’s claim against the Defendants is not justified, and it is so decided as per Disposition.

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