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(영문) 서울중앙지방법원 2018.12.21 2017가합577421
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Plaintiffs are the owners and residents of each house located on each land as indicated in the separate sheet No. 1 (hereinafter referred to as the “J building, etc.”) and each house located on each land as indicated in the separate sheet No. 1 (hereinafter referred to as the “land and housing location”).

The defendant, who is a housing reconstruction project association, has removed the I apartment located in K in Gangnam-gu Seoul Metropolitan Government, which is adjacent to the plaintiff's building and newly built L apartment (hereinafter referred to as "Defendant apartment") on the same site.

Plaintiff

The arrangement of buildings and defendant apartment buildings shall be as shown in the video of each drawing in attached Table 2.

The changes in the sunshine hours of the plaintiff's building before and after the new construction of the defendant apartment complex calculated by appraiser M shall be as shown in attached Form 3, the ratio of sunshine and infringement on view, and the ratio of the changes in privacy shall be as listed in attached Form 4, and the ratio of

[Grounds for recognition] Each statement of Gap evidence Nos. 1, 2, and 4 (including each number, if any; hereinafter the same shall apply) and appraiser M's appraisal result, the gist of the plaintiffs' assertion as to the whole purport of the argument by the defendant as to the defendant's apartment building, the defendant newly constructed the apartment building, the plaintiffs' right to sunshine, right to view (in light of the purport of the plaintiff's assertion, it appears to be a assertion of infringement of the right to mutual assistance due to the closure or pressure due to the obstruction of view) which had been already enjoyed, and privacy has been infringed upon. Thus, the plaintiffs seek against the defendant for payment of damages for each property as stated in the "property damage" column, "mental damage" column, and damages for delay as to each of

When the owner, etc. of land of the relevant legal principles as to the infringement of the right to enjoy sunshine is deemed to have value as an objective living benefit, such legal protection may be the object of legal protection. However, the increase in the number of sunshine generated by blocking sunlight due to the construction of a building, structure, etc. in the vicinity of the building or structure, that is, the number of sunshine generated in the land in question.

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