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(영문) 수원지방법원 안양지원 2018.11.09 2017가단110029
손해배상(기)
Text

1. The Defendant: (a) KRW 9,133,500 for Plaintiff A; (b) KRW 6,202,400 for Plaintiff B; and (c) each of the said money from June 24, 2017 to November 2018.

Reasons

1. Facts of recognition;

A. The owner of the Plaintiff’s housing of 161 square meters and 2-story above the Plaintiff’s ground (hereinafter “Plaintiff’s building”) in Gyeyang-gu, Ansan-gu, Manyang-si, and Plaintiff B is the owner of the Plaintiff’s housing of 161 square meters and 3-story above the Plaintiff’s ground (hereinafter “Plaintiff’s building”) (hereinafter “Plaintiff’s building”). The Defendant newly built the Plaintiff’s housing of 4-story (hereinafter “Defendant’s building”) on the ground of 161 square meters and 161 square meters above the Plaintiff’s building in Manyang-gu, Ansan-gu, Ansan-si, Ansan-si, and Ansan-si, the Defendant (hereinafter “Defendant’s building”).

B. All the places where the Plaintiffs and the Defendant’s building are located are Class 1 general residential areas stipulated by the National Land Planning and Utilization Act and multi-household houses are concentrated around the surrounding areas. The Defendant’s building is located adjacent to the road and is located in the south-dong direction of the Plaintiffs’ building, and five floors are located on the ground of 408 square meters on the north-dong direction of the Plaintiffs’ building.

On the other hand, before the construction of the defendant building, the land in this case was a single-story house.

C. The change of sunshine hours of the plaintiffs' building before and after the new construction of the defendant building is as shown in the annexed Table of the change of sunshine time, and the rate of view and infringement of astronomical system is as shown in the annexed sheet of view and the change of the environment of the astronomical network. The degree of privacy invasion is as shown in the annexed Table of the change of privacy.

[Ground of recognition] A without dispute, entry and video of Gap evidence 1 to 2, Eul evidence 1 to 3 (including each number), the result of the appraisal commission to the appraiserJ, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Defendant’s new construction of the Defendant’s building adjacent to the Plaintiffs’ building, thereby infringing the Plaintiffs’ right to enjoy sunshine of the Plaintiffs’ building, and, as the view of the view of the view of the view of the view of the view of the view of the view of the view of the view of the view of the view of the view of the residents of the Defendant’s building, thereby infringing their privacy.

(b) by reason of such;

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