(영문) 서울중앙지방법원 2014.07.04 2013가단67493

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(영문) 서울중앙지방법원 2014.07.04 2013가단67493

일조권침해로 인한 손해배상

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1. The Defendants: (a) each of the Plaintiff A, KRW 8,554,400, KRW 500,000, and each of the above amounts, respectively, to the Plaintiff B.

Reasons

1. Basic facts

A. Plaintiff A is the owner of Dongjak-gu Seoul E-Ba No. 303 (hereinafter “Plaintiff-owned Housing”), and Plaintiff B is the spouse of Plaintiff A and also resides in Plaintiff-owned Housing.

B. The Defendants are co-owners of the second-story housing with a size of 331 square meters in Seoul, Dongjak-gu, Seoul, which is adjacent to the Plaintiff-owned housing. From November 17, 2012, the Defendants removed the second-story housing and newly constructed the fifth-story housing with the ground (hereinafter “the building owned by the Defendants”) from November 17, 2012, and obtained approval for use on May 6, 2013.

C. Meanwhile, the plaintiffs raised an objection against the noise, dust, etc. caused by the instant construction works to the Defendants’ side, and the Defendants, via the head of the site office on December 17, 2012, issued and delivered a written statement to the Plaintiffs, stating, “I do not absolute construction before 08:00 a.m. so as to minimize the noise damage of residents in connection with the instant construction works.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 23, Gap evidence 12, Gap evidence 45, Gap evidence 13, Eul evidence 12, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiffs asserted that the construction of a new building owned by the defendants did not properly enter the plaintiff's housing owned by the plaintiffs and resided, thereby infringing the right to enjoy sunshine exceeding the tolerance limit. Also, during the construction period, the plaintiff continued to conduct construction before 08:00 a.m. while promising not to perform the construction work before 08:0 a.m. during the construction period, and the plaintiff was suffering from the harm of the peace in residence due to noise and dust. Thus, the defendants as joint tortfeasors, as the joint tortfeasors, suffered from the decline in the market price of the plaintiff's housing owned by the plaintiff A due to the infringement of the right to enjoy sunshine, the plaintiff's damage was 8,193,000 won and losses caused by the decline in the market price of the plaintiff's housing

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