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(영문) 서울남부지방법원 2021.01.08 2018가합112292
손해배상(기)
Text

The defendant shall set forth the "Plaintiff" column of the attached Table 2 in attached Table 2 in attached Form 2 as the corresponding "amount of award" column of attached Table 2.

Reasons

1. Basic facts

A. Geumcheon-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”) was constructed around 1998.

B. On September 21, 2017, the Defendant obtained a building permit from the head of Geumcheon-gu Seoul Metropolitan Government, and implemented a new construction work of BF on the 11,995 square meters of underground floors and 20 stories above ground in Geumcheon-gu Seoul Metropolitan Government (hereinafter “the instant officetel”).

On October 27, 2017, the Newly-built Construction Corporation commenced the construction work and completed the structural construction work on December 31, 2019.

(c)

Plaintiff

Plaintiffs other than M, AE, and AO

6. The complaint was written in F as “BM,” but on December 1, 2020, the complaint corrected the F to “F” in the application for change of the cause of the claim.

BG Dong, BH Dong, and BI as of December 31, 2019, the owner of the relevant apartment in attached Table 1 attached hereto is as of December 31, 2019. [The owners of the instant apartment BHJ at the time of December 31, 2019, AW, but AW died around January 10, 202 in the proceeding of the instant lawsuit, and then AX (spouse’s spouse, inheritance shares), AY, AY, BA, and BB (each of their children, inheritance shares, and 2/11 of inheritance shares), and the said inheritor took over the deceased AW lawsuit.]

Attached Form

1 The hours of sunshine prior to the construction of the instant officetels for apartments listed in the title "Dong and lake" in the table of the attached Table 1 shall be as stated in the column for "day before the new construction" in the table of attached Table 1, and the hours of sunshine after the construction of the instant officetels shall be as stated in the column for "day after the new construction" in the table of attached Table 1.

E. As of December 31, 2019, as of December 31, 2019, the “Dong and lake” column of the attached Table 1 attached hereto, which reflects the rate of infringement of sunshine hours and the rate of infringement of sunshine hours in the entire building of this case as of December 31, 2019, is as shown in the column for “market price decline” column of the attached Table 1.

However, in the case of plaintiffs AY, AZ, and BA among the successors of the net AW, the amount below the original is calculated as KRW 1,851,273, but less than the original amount is determined.

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