logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.02.20 2018가합46809
손해배상(기)
Text

1. The defendant shall pay the plaintiffs listed in the separate sheet 6 in the "amount of personal use" column.

Reasons

1. Facts of recognition;

A. The remaining plaintiffs except the plaintiffs B (Attached 78 Nos. 78 in the list of the plaintiffs 1) are co-owners of each of the relevant households indicated in the column of the Claim Form 2 in the attached Form 2 of the "Da" apartment house located in the Busan Dongdong-gu C (hereinafter "Plaintiff apartment house").

[However, Plaintiff F and G (Attached Nos. 19,20) sold H to a third party during the instant lawsuit and completed the registration of ownership transfer on November 9, 2018). (B)

Plaintiff

The registration of ownership preservation has been completed on September 3, 2007, as apartment buildings with 21 to 38 floors above ground, 10 units above ground, and 935 units above ground.

C. Among the plaintiff's apartment, E-Dong owned by the plaintiffs is 23 floors, and the south is located in the plaintiff's apartment Idong and Jdong and its south-dong, respectively. The Idong is 23 floors, Jdong is 21 floors, and Kdong is 38 floors.

The defendant newly constructed the "M" apartment (hereinafter "the apartment of this case") with the 41st floor, 2 Dong-dong, 310 households above the ground surface on the land on the land outside five lots, including the Busan East-gu L (hereinafter "the land of this case") adjacent to the south of the plaintiff apartment.

E. Around February 22, 2016, the Defendant started the new construction of the instant apartment, and the said apartment was not completed even on May 17, 2018, at the time of appraisal by appraiser N’s market price.

F. Both the Plaintiff’s apartment site and the instant land are designated as a quasi-residential area under the National Land Planning and Utilization Act.

G. Before and after the construction of the instant apartment, the hours of sunshine based on the wintering day of the relevant household owned by the Plaintiffs among the Plaintiff apartment was changed as indicated in the attached Table 3 of the change of sunshine hours, and the degree of visual open view, which can see the building opposite to the living room of the Plaintiffs by the view rate and the natural landscape around the damaged building, is considered as the “ratio”, and it can be seen as one of the above “ratio”.

arrow