logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.11.08 2018가합20480
손해배상(기)
Text

1. The Defendant Cocco Asset Trust Co., Ltd. is the Plaintiff A, B, C, D, E, F, H, I, J, K, N, N, P, Q, Q, Q, X, AA, AB, AC, AG, and AG.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant Crocco Asset Trust Co., Ltd. (hereinafter “Crocco Asset Trust”)

) The Nam-gu Nam-gu AJ apartment (Ground 18-27, 8-dong, hereinafter referred to as the “instant apartment”).

(2) Defendant 2, Inc., Ltd. (hereinafter referred to as “BB”) is an executor of a new construction project.

(2) The Plaintiffs are the owners and residents of the building building in Ulsan-gu AK apartment and AL, AM, and NN ground (hereinafter “Plaintiffs”) located in the vicinity of the instant apartment.

B. The plaintiffs' building and the building of this case are located 41.54m to north from the apartment of this case from 41.54m to 62.63m away from the apartment of this case, and the vertical location relation between the horizontal location and horizontal location of the apartment of this case and the building of this case are as follows.

[Ground of recognition] The fact that there is no dispute, each entry of Gap's 1 through 4 (including family numbers; hereinafter the same shall apply), the result of appraiser's appraisal, and the purport of whole pleadings

2. The parties' assertion

A. Since the Plaintiffs violated the right to sunshine and view of the Plaintiffs’ building due to the construction of the instant apartment by the Defendants, the Defendants are jointly and severally liable to compensate the Plaintiffs for the damages incurred by the construction of the said apartment.

B. Defendants 1) merely a construction work of the apartment of this case, they are not liable for damages to the Plaintiffs regarding the right to sunshine and the right to view, etc. which were infringed due to the construction of the apartment of this case. 2) In light of the characteristics of the area where the Plaintiffs’ building is located and the predictability of the Plaintiffs, etc., the Plaintiffs cannot be deemed to have suffered infringement of the right to sunshine and the right to view, etc. which exceed the limit of admission due to the construction of the apartment of this case. Even if they suffered infringement beyond

3. Defendant 2.

arrow