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(영문) 부산지방법원동부지원 2016.08.18 2014가합100695
손해배상(기)
Text

1. An association for the redevelopment and consolidation of housing in Defendant C;

2. The “Damages” is written.

Reasons

1. Basic facts

A. The plaintiffs own each unit of E Apartment 9, 10, 11 (hereinafter "the plaintiff's apartment complex") in Busan Shipping Daegu D and one other, and among them, the plaintiffs F, G, H, H, I, J, K, K, M, N,O, P, and Q are residing in each of the relevant apartment units.

B. Defendant C District Housing Redevelopment and Rearrangement Project Association (hereinafter “Defendant C”) is a housing redevelopment and rearrangement project association established to newly construct the 3rd underground floors, maximum of 28th and 581 household units in Busan Metropolitan City Shipping Daegu Rho-gu, the south side of the plaintiffs’ apartment complex (hereinafter “the apartment of this case”), and Defendant Bsan Construction Co., Ltd. (hereinafter “Defendant Company”) is the construction contractor of the apartment of this case.

C. Around March 31, 2014, Defendant Company completed the structural construction of the instant apartment building.

B, after the filing of the instant lawsuit, on June 13, 2014, the Plaintiff (Withdrawal) completed the registration of ownership transfer based on sale on April 10, 2014 with respect to the Plaintiffs’ apartment Nos. 11 and 701, and acquired the right to claim damages arising from the infringement of the right to sunshine of this case.

(hereinafter referred to as “Plaintiffs”. On the other hand, T died on April 5, 2015, after the instant lawsuit was filed, and Plaintiff G, H, and I succeeded to T’s property.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 3 (including the serial number), the fact inquiry results to the Maritime Daegu Office, the appraiser U's appraisal results on August 26, 2015, the purport of the whole pleadings as a whole.

2. The parties' assertion

A. The windows that are the basis for the infringement of sunlight, which are the primary causes of the plaintiffs, should be the living room which is the main living space, and the balcony is expanded so that the balcony is changed to the use of the main living space in the living space in the living room, etc., the amount of sunlight should be measured on the basis of the balcony window.

As a result of the measurement of sunshine change on the apartment of the plaintiffs based on the window of the ward, the apartment of this case.

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