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(영문) 부산지방법원 2016.04.07 2014가합45341
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are the owners of the relevant apartment units listed in the above address column among the Seo-gu Busan A apartment units (hereinafter “Plaintiffs apartment units”).

B. The Defendants are the project executor and construction contractor for the construction of the apartment C apartment (hereinafter “instant apartment”) which is an apartment building of the size of 3 stories underground and 21 stories above the ground and 168 units above the 10-dong 24-dong 24-dong 168 units on the land of 6,124 square meters outside Seo-gu, Busan, Seo-gu, Busan, and 10-dong 10

C. The plaintiffs' apartment units consist of 208 households with up to 15 floors in total, and both the plaintiffs' apartment units and the apartment units of this case are located in Class II general residential areas designated by the National Land Planning and Utilization Act (hereinafter "National Land Planning Act").

The occupancy of the apartment in this case is scheduled on June 2016.

[Ground of Recognition] In the absence of dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 2 and 3, Gap evidence No. 4-1, 2, Gap evidence No. 14, Eul evidence Nos. 14, Eul evidence Nos. 1, 3, 4 and 5, the result of the on-site verification by this court, the result of the entrustment of appraisal to the sunshine environment research room by this court, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Plaintiffs suffered property and mental damage due to the Plaintiffs’ infringement of view interest on the transmission beaches, bathing beaches, etc. which already enjoyed due to the construction of the apartment of this case. The Plaintiffs also suffered mental suffering and separation due to noise and dust generated in the construction process of the new apartment of this case and the infringement of privacy due to the failure to secure sufficient distance of separation.

Therefore, the defendants are obliged to pay consolation money for mental suffering that can not be compensated only by compensation for damages and property damages caused by the decline in the prices of apartment owned by the plaintiffs due to infringement of view interest. The defendants are obligated to pay consolation money for mental suffering suffered by the plaintiffs due to noise, dust, and invasion of privacy.

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