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(영문) 서울남부지방법원 2020.06.23 2019가합105406
손해배상(기)
Text

1. The defendant shall be the designated parties C, D, E, and F among the designated parties listed in the list of the designated parties (designated parties) and (attached Form 1).

Reasons

Basic Facts

The Plaintiff and the designated parties indicated in the list of the designated parties (hereinafter referred to as “Plaintiffs”) are co-owners of the Yeongdeungpo-gu Seoul Metropolitan Government L Apartmentdong, Ndong, and Odong (hereinafter referred to as “Plaintiff apartment”) completed on December 29, 2015, among the designated parties indicated in the list of the designated parties (hereinafter referred to as “the designated parties”), and are those who own or have owned the number of the same subparagraph stated in the [Attachment 1] list (hereinafter referred to as “the designated parties”) and Q have transferred the ownership of the relevant household owned on September 30, 201 and January 30, 2020).

The Appointor G is residing as a lessee in the same subparagraph stated in the attached Table 1, from March 16, 2018, from around February 22, 2016, H from around June 1, 2018, from around June 1, 2018, R from March 29, 2018, K from around January 4, 2016, and each [Attachment 1] “owned household” in the same subparagraph.

The Plaintiffs, other than G, H, I, J, and K, who have no “X” mark in the “resident” column of the above Table, are residing in the number of their own interests.

The Defendant is a Housing Redevelopment Development and Improvement Project Association established to implement the B Housing Redevelopment Improvement Project, and with respect to the B Housing Redevelopment Improvement Project which constructs a total of 1,008 households composed of 29 roads above 3 stories above ground and 12 stories above ground 3 stories above ground 12 stories above ground (hereinafter “Defendant apartment”), the Defendant was authorized to implement the project on October 18, 2012 by the head of Yeongdeungpo-gu and was authorized to implement the management and disposal plan on January 15, 2016, on the land of 52,716§³ above ground of the Seoul Metropolitan Government, Yeongdeungpo-gu Seoul Metropolitan Government, which is adjacent to the south of the Plaintiff apartment.

The defendant's apartment complex was commenced on July 14, 2017 and completed the structural construction around March 2019, and completed around February 2020.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 3, 14, 15, and 16, the appraiser U's appraisal results, and the plaintiffs' claim of damages due to infringement of right to sunshine as a whole, the construction of the defendant apartment building violates the plaintiff's right to enjoy sunshine exceeding the limit of admission.

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