1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On September 26, 2008, the Plaintiff completed the registration of ownership transfer as to multi-household multi-family housing (hereinafter “Plaintiff housing”) with three floors above 187.8m2, Jung-gu, Seoul (Road Name Address D, Seoul), Jung-gu, Seoul (hereinafter “Seoul Jung-gu”).

B. On November 20, 2002, the Defendant completed the registration of ownership transfer with respect to the Seoul Jung-gu E (Road Name Address: Seoul Jung-gu, Seoul) 225.1 square meters adjacent to the Plaintiff’s housing.

Around September 2015, the Defendant newly built the Defendant’s housing after obtaining a construction permit for the new construction of a four-story multi-household house on the ground of the above site (hereinafter “Defendant’s housing”).

[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 3, and 4, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion that since the construction of the defendant's house infringed upon the right to enjoy sunshine, the right to enjoy sunshine, and the right to enjoy life that exceed the limit of admission due to the construction of the defendant's house, the defendant asserts that the defendant is obligated to pay 30 million won (20 million won for consolation money which has fallen in the market price of the plaintiff's house) and damages for delay due to the tort to the plaintiff.

B. Determination 1) Whether a landowner’s right to enjoy sunshine has been infringed may be legally protected if a land owner’s right has value as an objective living benefit. In other words, the increase in the number of sunlights occurring due to the construction of a new building or structure in its neighborhood, namely, the number of sunlight that has been enjoyed on the land in question has been reduced in the past due to the increase in sunshine, the construction act goes beyond the scope of legitimate exercise of rights if it generally accepted social norms, comprehensively takes into account all the circumstances, such as the degree of sunshine, the legal nature of the damage benefit, the legal nature of the damaged building, the use of the damaged building, the regional nature of the damaged building, the possibility of avoiding damage and avoiding damage, the possibility of avoiding damage, the violation of public law regulations, and the progress of negotiations.