1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is a person who owns 10 Dong-dong 106 (hereinafter “Plaintiff apartment”) on the land of Busan Shipping Daegu D and one parcel.

B. Defendant C Housing Redevelopment and Improvement Project Association (hereinafter “Defendant C”) is the Housing Redevelopment and Improvement Project Association established to newly construct the 3rd underground floors, maximum of 28 floors above ground, and 581 units of S apartment on the south side of the Plaintiff’s apartment complex (hereinafter “instant apartment”), and Defendant Bsan Construction Co., Ltd. (hereinafter “Defendant Company”) is the construction contractor of the instant apartment.

C. Around March 31, 2014, Defendant Company completed the structural construction of the instant apartment building.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 1-53, fact-finding to the Maritime Daegu Office, the result of fact-finding by the first instance court appraiser U on August 26, 2015, the purport of the whole pleadings

2. The parties' assertion

A. The light light shall be measured on the basis of the balcony window, only when the balcony is changed to the use of the main living space in the living room, etc. due to the expansion of balconys.

As a result of the measurement of the sunshine change for the plaintiff's apartment based on the creativity of the living room, the construction of the new apartment in this case led to the reduction of sunshine hours exceeding the tolerance limit for the plaintiff.

On the other hand, the Defendants agreed that the Defendant Company shall provide the redevelopment project cost, such as moving expenses, jointly manage funds, and preferentially pay the construction cost from the sale price, so the Defendant Company shall in fact have the same interest with the Defendant Company as a joint project proprietor.

Therefore, the Defendants, as joint project undertakers of the instant apartment construction project, should jointly compensate for the Plaintiff’s property damage caused by the infringement of the right to enjoy sunshine, KRW 10,961,100, and damages for delay.