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(영문) 서울고등법원 2019.01.18 2018나2040158
차면시설 설치의무이행 청구 등
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff and the defendant specifically emphasized or newly raised by the court of first instance, and where the judgment on the grounds of appeal that were newly raised by the plaintiff and the defendant are added under paragraph (2). Thus, they are cited

2. Determination on the grounds for appeal

A. The plaintiff's ground of appeal Nos. 1) in the first instance court, where the plaintiff's request for installation of the screen facility was dismissed, 5, 0, 1, 2, 2, 3, within the nearest distance from the plaintiff's house, and 1, the plaintiff's inside as well as the most closely sealed bath room is directly networked. In particular, 00 . 1, 200 . 1, 200 . 1, 200 . 1, 200 . 1, 200 . 1, 200 . 1, 2005 .

Therefore, the defendant is obliged to install a screen facility as stated in the purport of the claim in order to block the view of the plaintiff's house.

B) In addition, the screen facilities stipulated in Article 243 of the Civil Act should be installed up to the height that does not seem inside the neighboring house. As such, the height of the screen facilities to be installed in each window of the defendant's building is not lower than that of the defendant's building in order as the number of floors increases like the judgment of the first instance. Furthermore, considering the fact that the average increase of the number of adults in Korea is about 175 cm, the vertical height of the screen facilities to be installed in the window should be at least 170 cm based on the internal floor. 2) Specific review means that it means that the height of the screen facilities to be installed in each window of the defendant's building is naturally and generally visible through the window or floor, and it cannot be said that it is difficult to consider things in exceptional or extreme ways.

In addition, the above provisions may occur between neighbors.

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