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| TITLE | Daegu District Court 2022Gahap203334 Decided December 22, 2022: Confirmed 【Compensation for damages (Others)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In the case where: Party B and others, who are the owners of some units of Apartment A, filed a claim for damages against the developer and the constructor of Apartment C which was newly built on the south side of Apartment A, on the ground that due to Apartment C, infringement of the right to have sunlight and the right to view sky occurred for Apartment A beyond the socially acceptable limit, it is held that although the claim for damages filed against the developer due to infringement of the right to view sky was not accepted, as each unit of Apartment A, including Party B and others, was obstructed from sunlight beyond the socially acceptable limit due to the construction of Apartment C, the developer of Apartment C is obligated to compensate Party B and others, the owners of each unit of Apartment A, for damages arising from infringement of the right to have sunlight, and the claim for damages raised by Party B and others against the constructor for infringement of the right of have sunlight is groundless | |
