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(영문) 서울남부지방법원 2019.12.13 2018가합106334
공사금지
Text

1. The defendant shall list the amount of award in attached Form 3 to the plaintiff (appointed party) and the selectors listed in attached Form 1 list.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the designated parties (hereinafter “Plaintiffs, etc.”) are sectional owners of Yeongdeungpo-gu Seoul Metropolitan Government apartment complex C (hereinafter “Plaintiffs apartment complex”) and each owned Dong number is indicated in the “household” column in the attached Form 3.

Plaintiff

The plaintiffs who do not include "X" in the "resident" column of the same Table are residing in the same Dong and Dong.

B. The Defendant is an executor who newly constructs E apartment (hereinafter “Defendant apartment”) with the aim of completing construction around May 2020 on the ground of 29,428,9m2 underground floors, 29, 7, and 802 units on the ground of 29,428,9m2, located on the south side of the Plaintiff apartment.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, evidence 1 to 2, evidence 13-1 to 3, purport of whole pleadings

2. Determination on liability for damages caused by infringement of the right of sunshine

A. 1) Where the owner of a land, etc. is deemed to have a value as an objective living benefit, the legal protection can be deemed to be the object of liability for damages. In the event that the number of sunlight that has been previously enjoyed in the relevant land due to the increase of sunlight, that is, the number of sunlight that occurs due to the increase of sunlight in the number of sunlight, which is, the number of sunlight that occurs in the relevant land, is to be evaluated as an illegal harmful act that goes beyond the scope of legitimate exercise of right, the degree of sunlight sunshine generally goes beyond the limit of tolerance of the owner of the relevant land under the social norms. Whether the obstruction of sunlight goes beyond the limit of tolerance under the social norms should be determined by comprehensively taking into account all the circumstances such as the degree of sunshine interruption, the legal nature of the damage benefit, the legal nature of the damaged building, the purpose of the damaged building, the regional nature, the land-based relationship, the possibility of preventing and avoiding damage, the possibility of violating public law regulations, and the progress of negotiations (see, e.g

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