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(영문) 서울고등법원 2016.12.22 2016나2015608
손해배상(건)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant E-Housing Association shall do so except for the Appointor V.

Reasons

1. Basic facts

A. The Plaintiffs are attached to the Dongjak-gu Seoul Metropolitan Government apartment (hereinafter “Plaintiffs apartment”)

1. The owner of the relevant apartment in the column for the damages list (hereinafter referred to as “the apartment in question owned by the Plaintiff”), and the remaining Plaintiffs, other than Plaintiff L, M, N,O, P, Q, and R, were the owners and residents of each of the relevant apartment in question (the Plaintiffs, for four years and two months from May 14, 2010 to July 30, 2014; Plaintiff D resided in each of the relevant apartment in the period of three years and seven months from July 28, 2010 to February 16, 2014; Plaintiff V resided in the relevant apartment in the Republic of Korea from May 28, 2013 to November 28, 2013; Plaintiff W, and X were residing in each of the relevant apartment in Korea from March 3, 2014 to July 30, 2014 to most of the Plaintiffs were newly built and resided in the relevant apartment.)

B. Defendant E’s housing association (hereinafter “Defendant E’s association”) is a regional housing association established in order to newly construct the Z apartment (hereinafter “instant apartment”) which is a major apartment complex of the third and third underground floors and the 582 household units of the 23th unit above the ground surface in Dongjak-gu Seoul, Ycheon-gu (hereinafter “instant apartment project site”) which is the top south of the Plaintiffs’ apartment, and the Defendants are joint project undertakers of the instant apartment construction. The Defendants are joint project undertakers of the instant apartment construction project.

C. The plaintiffs' apartment complex consists of 4 Dong (101, 102 Dong, 103, and 104 Dong building) from the lowest eight to the highest eighteenth floor, and 190 households in total. Article 30 (Subdivision of Special-Purpose Areas) of the Enforcement Decree of the National Land Planning and Utilization Act (Subdivision of Special-Purpose Areas), the Minister of Land, Infrastructure and Transport, the Mayor/Do Governor, or the Mayor of a large city with a population of at least 500,000 excluding the Seoul Metropolitan City and the Special Self-Governing City under Article 175 of the Local Autonomy Act, shall be a residential area, commercial area, industrial area, and green area by the determination of an urban/Gun management plan pursuant to Article 36 (2)

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