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(영문) 창원지방법원밀양지원 2019.08.28 2018가단11970
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The assertion and judgment

A. The plaintiffs asserted that they reside in AD apartment AE-dong (hereinafter referred to as “instant apartment”).

The Defendants are construction companies, construction companies, and consignment companies of AF apartment (hereinafter referred to as “the adjoining apartment of this case”) under construction near the apartment of this case.

Due to the adjacent apartment of this case, the plaintiffs violated the right to sunshine and privacy, and 55% or 45% of the right to privacy.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff each amount of damages as stated in the claim and damages for delay.

B. The evidence submitted by the Plaintiff alone is insufficient to recognize the right to sunshine and privacy infringement beyond the tolerance limit of the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

In addition, the benefit of view, in principle, has a special value in view of the outside from the place, and it is legally protected only when the owner or possessor of the building is deemed to have the benefit of view enjoyed from the building to the extent that the benefit of view that the owner or possessor of the building has the importance to be approved as the benefit of its own under the social norms, such as the case where the building is constructed for one of the important purposes.

(2) In light of the above legal principles, the Plaintiff’s assertion that the Plaintiff had enjoyed the benefit of view that is important to the extent that the Plaintiff had to be recognized as the independent interest under the social norms through the apartment of this case, and there is no other evidence to acknowledge this.

Therefore, the plaintiffs' assertion is not accepted.

2. In conclusion, the plaintiffs' claims against the defendants are without merit, and they are dismissed. It is so decided as per Disposition.

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