The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. On November 25, 2005, K Apartment Co., Ltd. newly built and completed registration of initial ownership on January 6, 2006.

The plaintiff is a sectional owner who purchased and owns the above apartment KS-dong apartment (hereinafter referred to as "Plaintiff apartment").

B. On January 19, 2017, the Defendant obtained approval of a business plan ((5), and filed a new construction commencement report on January 23, 2017 with respect to “M apartment” (hereinafter referred to as “Defendant apartment”) composed of three underground floors, 12 through 216 households, and 616 households of the ground level of 12 through 21 floors, and auxiliary welfare facilities, from the Namyang-si Market.

C. The Defendant apartment building was completed around February 1, 2019.

Plaintiff

The site where the defendant apartment is located is designated as a general residential area.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-5, 24, 30, Gap evidence 2, 8 (including each number; hereinafter the same shall apply), Eul evidence 1, 3 through 6, and 12; the purport of the whole pleadings as a result of the appraisal by the N of the first instance appraiser;

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) had secured a sufficient amount of sunshine before the construction of the Defendant apartment. However, due to the interference of sunshine due to the construction of the Defendant apartment, the Plaintiff suffered property damage and mental suffering that has caused a decline in the value of the Plaintiff’s apartment property. The continuous sunlight hours in the Kadong T, the immediate adjacent household of the Plaintiff apartment, are one hour and five minutes, and the continuous sunlight hours in the Kadong BU, the next household, are measured by one hour and five minutes, and it is difficult to believe the result of the appraiser’s appraisal in the first instance court, which has been measured by three hours and three minutes during the continuous sunlight hours of the Plaintiff apartment. (2) Even if the Plaintiff’s apartment continues to have been secured for two hours or more (3 minutes) after the construction of the Defendant apartment, the reduction ratio of the total number of sunshine hours has reached 52%, the reduction ratio of the number of sunlight hours in the continuous sunlight hours, and the reduction ratio of the number of sunlight hours and green areas, respectively.