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(영문) 서울중앙지방법원 2018.04.20 2016가합576360
공사금지
Text

1. The defendant is liable to select the "Appointed" in the attached Form 5 compensation list. The defendant is liable to select the appointed parties.

Reasons

1. Basic facts

A. The Plaintiffs, as those who own or own the Dongjak-gu Seoul Metropolitan Government apartment complex C (hereinafter “Plaintiff apartment”), acquired the ownership of each apartment indicated in the claim amount table of the Plaintiff’s apartment complex Nos. 103, 203, and 204.

B. The Defendant is a reconstruction improvement project association that has obtained project implementation authorization on December 15, 201 from the head of Dongjak-gu, the head of Dongjak-gu, for the implementation of the B-house reconstruction project (hereinafter “instant reconstruction project”), which newly constructs 3 underground floors and 6 apartment units with 25 stories above ground level (hereinafter “instant apartment units”).

C. The Defendant selected Samsung C&T Co., Ltd. as a trial contractor and commenced construction of the instant apartment construction. On September 30, 2017, the structural construction of the instant apartment was completed.

Among the plaintiffs, the designated parties except E, F, G, H, I, J, K, L, M, N,O, P, and Q are residing in each apartment space indicated in the “Dong and lake” column in attached Form 2 of the claim amount sheet.

[Reasons for Recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 5, 10 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The plaintiffs' residents in the plaintiff's apartment complex of this case, which had been newly constructed in the vicinity, may infringe upon their living benefits such as blocking of sunshine, blocking of view, and infringement of privacy. Accordingly, the plaintiffs who own the plaintiff's apartment complex suffered property damage due to the market price of the plaintiff's apartment complex of this case, and some plaintiffs who reside in the plaintiff's apartment complex have sustained mental damage due to continuous blocking of sunshine and blocking of view. Thus, as damages for tort, the defendant's damages are stated in the "amount claimed by each plaintiff" in the attached Form 2 claim sheet and this.

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