(영문) 춘천지방법원 2014.11.18 2012가단13999

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(영문) 춘천지방법원 2014.11.18 2012가단13999

손해배상(기)

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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of a house of 101 square meters in Chuncheon-si and two-story above the above land (hereinafter “Plaintiff-owned house”), and the Defendant owns adjacent D large 382 square meters in size (hereinafter “instant land”) (hereinafter “instant land”).

B. On the ground of the instant land, a single-story building exists, but the Defendant purchased the instant land on March 29, 199 and then purchased the same year.

5. Around 26.26. Around June 9, 1999, one unit of the three-story detached house was additionally constructed on the above land, and around June 9, 1999, two-story and three-storys were extended to the single-story house (hereinafter the above each building referred to as “each existing building”).

C. On September 1, 2012, the Defendant removed each existing building of this case and newly constructed a second floor house on the ground (hereinafter “instant reconstruction building”) on or around September 1, 2012, completed the construction on January 4, 2013, and completed the registration of initial ownership on or around January 29, 2013.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 6, 8, 19, 21 evidence, Eul 1 and 5 evidence (including each number for additional evidence), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the defendant infringed the right to enjoy sunshine of the house owned by the plaintiff while newly building each of the existing buildings of this case, and that the infringement of the right to enjoy sunshine was deepened while constructing the building of this case, and that the part adjacent to the house owned by the plaintiff was built at a 3-meter embankment located on the boundary of the land owned by the plaintiff and the land owned by the defendant, and the part adjacent to the house owned by the plaintiff was not treated as waterproof measures. Accordingly, the plaintiff asserted that the plaintiff suffered damages of KRW 30 million for the price decline in the land and the house owned by the plaintiff, KRW 5 million for the amount of compensation, KRW 5 million for the amount of compensation, and KRW 2 million for the amount of compensation.

B. The judgment unit, the Defendant constructed two buildings on the land adjacent to the Plaintiff’s house, around 1999, and the Defendant.

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