1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. Basic facts

A. The Defendant is the developer of the redevelopment project that newly constructs Ma apartment with 5 stories underground and 44 stories above 3,885 households above 30 stories above ground on the 207,420.8§³ of Mapo-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

B. The Plaintiff is an owner of 1/2 shares among the 1/2 shares of a house on the ground of Mapo-gu Seoul Metropolitan Government (hereinafter “instant house”) located north of the instant apartment.

[Ground of recognition] Unsatisfy, Gap evidence 1-9, the purport of the whole pleadings

2. Due to the construction of the apartment of this case's purport of the plaintiff's assertion, the construction of the apartment of this case caused the infringement of sunshine and the obstruction of view beyond the tolerance limit.

Therefore, as a performance of the obligation to compensate for damages caused by the tort, the Defendant is liable to compensate the Plaintiff for property damages of KRW 10,000,000 and mental damages of KRW 11,00,000,000, and damages for delay.

3. Determination

A. Comprehensively taking into account the result of the appraisal commission and the purport of the entire pleadings with respect to the OB of the first instance court as to whether the infringement of sunlight of the instant house occurred or not, as to the major lighting window of the instant house, the point at which the attitudes remain late around July 4, 2016, which was the appraisal date, shall be deemed as the point at which the overall sunlight hours had been measured for 27 minutes before and after the construction of the instant apartment, the total sunlight hours shall be 24 minutes before the construction of the instant apartment, the total sunlight hours shall be 24 minutes after the construction of the instant apartment, the total sunlight hours shall be 3 minutes after the construction of the instant apartment, and the sunlight hours shall be 3 minutes after the construction of the instant apartment, while considering all the circumstances surrounding the instant apartment, such as the unique nature and narrowness of our land, the tendency of a large city, the tendency of the height of buildings for securing sunlight and the restriction on the height of buildings for sunlight, etc., the construction of the instant apartment shall be deemed as having occurred beyond the acceptable level by social norms.