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(영문) 창원지방법원 2018.07.19 2017가합53296
손해배상(기)
Text

1. The defendant shall make an attachment No. 2 to 18 of the plaintiff (appointed party) and the name list of the appointed parties to each of the appointed parties as shown in the attachment No. 10.

Reasons

1. Basic facts

A. The Plaintiffs are those who own or own independently or jointly the section of exclusive ownership of the Seongdong-gu Seoul Metropolitan Government C Apartment (hereinafter “Plaintiff apartment”) and the 31st generation of the E-dong, Changwon-si, Changwon-si, and reside after acquiring and completing transfer of ownership of each section of exclusive ownership, such as the date of acquisition of ownership and the date of transfer.

(Appointedrs F, G, H, I, J, and K are not transferred and are not residing). (B)

The defendant, who is a housing reconstruction and rearrangement project association, started the construction of 9 apartment units (hereinafter referred to as "Defendant apartment units") with the size of 25 to 29 floors on the L of Changwon-si window and M adjacent to the plaintiff apartment units, and completed the construction of an external structural building on November 29, 2016.

C. The arrangement of the plaintiff's apartment and defendant's apartment shall be as shown in the attached Form 3. The arrangement of the plaintiff'

(D) All of the plaintiffs' apartments and E-dongs are located in order from the end of each Dong's end). [Grounds for recognition] of absence of dispute, each entry and video of Gap's 1, 2, 5, 6, Eul's 1 through 9, and 13 (including virtual numbers), the result of appraiser's appraisal, the purport of the whole pleadings,

2. The assertion and judgment

A. The gist of the plaintiffs' assertion was interfered with sunshine due to the defendant's apartment newly built in the vicinity and pressure due to the blocking of view, and was infringed upon their privacy.

Since the degree of infringement of living benefits above exceeds the acceptance limit, the plaintiffs suffered property damage due to the decline of market price of each section for exclusive use.

In addition, some of the plaintiffs suffered mental pain while living in each of the above sections for exclusive use.

Therefore, the defendant is liable for damages caused by the tort, and the defendant shall pay each money as stated in the "Amount claimed by each plaintiff" in the "amount claimed by each plaintiff" in the attached Table 1.

B. 1) As a result of the new construction of a building, a resident on the adjoining land suffers a disadvantage that a direct luminous line is cut off.

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