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(영문) 수원지방법원 안양지원 2018.10.12 2017가단118245
손해배상(환)
Text

1. The Defendants jointly share KRW 1,628,100 to Plaintiff A, and KRW 1,385,580 to Plaintiff C, and each of the said money on July 6, 2018.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of each heading room listed in the table of "day-time and prospect rate for each household" in the attached Table 1, among the aggregate buildings with five floors of reinforced concrete building, which are the aggregate buildings and multi-household housing located on the ground outside K and one parcel (hereinafter "the instant loan"), located on the ground of Gunpo-si, Gunpo-si, Gunpo-si, and the Defendants are the owners of an aggregate building with five floors of reinforced concrete building at the Gunpo-si, Gunpo-si, and the owners of an apartment building, which is an urban residential building, (hereinafter "Defendant building").

B. The location of the Defendant’s building and the location of the instant loan are Class 2 general residential areas, where a small and medium-sized multi-unit house and multi-family house were located in the middle and south direction of the instant loan, and various neighborhood living facilities and public convenience facilities are located around this.

C. The Defendant’s building site was a land adjacent to the same direction of the instant loan, and was a previous vacant lot.

Changes, such as the hours of sunshine and view rate, etc. before and after the construction of the Defendant Building, are as shown in the corresponding column of attached Table 1 of "the hours of sunshine and view rate for each household".

[Ground of recognition] A without dispute, each entry of Gap evidence 1 to 3 (including each number), violation of the appraiser P's sunshine and the result of appraisal of market price decline, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiffs' assertion that each of the sectional owners of the loan of this case was infringed upon the right to sunshine and view that exceeded the limit of admission due to the construction of the defendant building. Accordingly, the plaintiffs suffered from the decline in the market price of the loan of this case, and suffered from the mental suffering that could not be compensated only by compensation for property damage.

Therefore, the Defendants are obliged to compensate the Plaintiffs for damages equivalent to the market price decline stated in the attached Table 2’s “the claim amount and the quoted amount” in the said unlawful act.

B. The Defendants who are the subject of one liability for damages arising from the occurrence of damages are the Defendants.

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