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(영문) 창원지방법원 통영지원 2018.06.26 2016가단24726
손해배상(기)
Text

1. The Defendant: 45,524,300 won to Plaintiff A and 5% per annum from November 18, 2016 to June 26, 2018; and

Reasons

1. Facts of recognition;

A. The Plaintiff as a party is the owner of the share of 179/228 of the 538 square meters and the 2nd 2,228 square meters and the 2nd 2,228 square meters of the 2,228 square meters and the 179/228 square meters of the 103 square meters and the 103 square meters of the 2,228 square meters of the 2,228 square meters and the 179/228 square meters of the 2,228 square meters of the 2,228 square meters and the 2,228 square meters of the 2,200

The Defendant is a corporation that is the owner of the instant multi-family housing (hereinafter “instant multi-family housing”) on the 12th ground and above, which is adjacent to each of the above real estate owned by the Plaintiffs.

B. Around March 3, 2015, the Defendant newly built the instant apartment house: (a) acquired the ownership of the instant apartment site; and (b) filed an application for approval of a housing construction project plan on the fourth-story housing at the same time on March 6, 2015; and (c) on September 24, 2015, the Defendant obtained permission for construction (change) under Article 16(1) of the Building Act on the housing on the fourth-story housing outside I and the fourth-story housing from the macromarket on September 24, 20

On November 18, 2016, the defendant completed the registration of initial ownership relating to the collective housing of this case.

C. Changes in the Plaintiffs’ construction of the instant apartment house due to the changes in the construction rate of the Plaintiffs’ housing construction and the rate of infringement on view due to the construction of the instant apartment house are as follows.

DF [Reasons for Recognition] Facts without dispute, Gap's statements and images, Gap's evidence 1 through 4, 5, 6, 8, 9 through 17, 23, 24 and Eul's evidence 1 through 3, 8, and the result of the on-site verification by this court, the result of the on-site verification by the appraiserJ, the purport of the whole pleadings.

2. The parties' assertion

A. The “K Complex” where the real estate owned by the Plaintiffs is located is a complex created by the owners for the purpose of enjoying an adequate life for a single source of electricity while viewing the sea. In fact, the Plaintiffs have lived in a pleasant environment to the extent that they are able to live in the dwelling space in the dwelling space.

However, the Defendant purchased the electric housing site without obtaining permission for the use of public waters and created the K Complex through the design change.

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