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(영문) 부산지방법원 2019.06.19 2017가합45526
손해배상(기)
Text

1. Defendant A Co., Ltd. shall enter each of the plaintiffs listed in the separate sheet for damages in the same sheet.

Reasons

1. Facts of recognition;

A. The plaintiffs are the parties 1) The plaintiffs are D apartment houses located on the ground of Busan Jin-gu, Busan (hereinafter referred to as "Plaintiff apartment houses").

2) On May 4, 2005, the registration of preservation of ownership was completed on each of the sectional owners of each relevant household's apartment units with the size of 2nd underground and 32nd ground.

3) Defendant A Co., Ltd. (hereinafter “Defendant A”).

2) The instant officetel is the instant officetel with the size of 19 floors above ground and 19 floors above ground in Busan District E adjacent to the south of the Plaintiff’s apartment.

Defendant B Co., Ltd. (hereinafter “Defendant B”).

(B) The instant officetel is the construction works of the instant officetel. (B) Defendant A obtained a building permit from the head of Busan Jin on September 2, 2016, and Defendant B commenced construction of the instant officetel on November 10, 2016.

2) Each site of the Plaintiff’s apartment and the instant officetel is designated as a general commercial area. 3) As of before and after the construction of the instant officetel, the sunlighting hours of the Plaintiff’s apartment owned by the Plaintiff among the households owned by the Plaintiff were changed as indicated in attached Table 3. The view rate and the view rate were changed as indicated in attached Table 4,000 network infringement analysis sheet. Based on the attached Table 3, the rate of sunlight blocking prior to the new construction of the instant officetel or the total duration of sunlight after the construction of the instant officetel is calculated, the proportion of the “light blocking duration added to the instant officetels” from the “total duration of sunlight duration after the construction of the instant officetel” is as indicated in attached Table 5.

4) Before the instant officetel is newly constructed, the surrounding buildings 1, 2, and 3 are located in the south of the Plaintiff’s apartment complex as follows: [Grounds for recognition] of absence of dispute, Gap’s evidence 1, 2, and 3 (including serial numbers; hereinafter the same shall apply)

Nos. 1, 2, and 3.

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