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(영문) 부산지방법원동부지원 2016.09.20 2015가단202669
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff F, B, 102 (G lending, hereinafter “Plaintiff”) and Plaintiff B, Plaintiff B, and Plaintiff C, as the owner and resident of the instant lending No. 402, and Defendant D, respectively.

B. Around March 2014, the Defendant removed the 2nd floor building located adjacent to the west of the instant loan, and newly built the 6th floor building (hereinafter “Defendant building”).

C. On the other hand, other buildings were newly constructed prior to the construction of the plaintiffs' lending loans on the same side of the plaintiffs lending.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 5 (including each number), the result of the appraisal of appraiser H and the result of the fact-finding reply to the appraiser H of this court, the results of the fact-finding inquiry and the purport of the whole pleadings.

2. The gist of the Plaintiff’s assertion was that due to the construction of a new building of the Defendant Building, the Plaintiffs suffered infringement of the right to enjoy sunshine, infringement of the right to view, pressure, and privacy that exceed the limit of admission from the Plaintiffs, thereby seeking compensation as stated in the purport of the claim as damages and consolation money due to decline in the value of the Plaintiffs’ lending.

3. Determination

A. (1) With regard to the infringement of the right to sunlight, in a case where a resident on neighboring land suffers a disadvantage that a straight light is cut off due to the new construction of a new building, such new construction of a new building shall exceed the generally accepted limit under the generally accepted social norms in order to be evaluated as an illegal harmful act beyond the scope of legitimate exercise of right. Whether the obstruction of sunlight exceeds the generally accepted limit under the generally accepted social norms or not, the degree of damages, the nature of the damaged interest and its social evaluation, the purpose of the damaged interest, the regional nature of the damaged building, the right to use the land, the possibility of preventing damages and avoiding damages, the possibility of avoiding damages, and the progress of negotiations under public law.

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