A. The Plaintiff (Appointed Party) and the winners (hereinafter “Plaintiff et al.”) are the residents of Bupyeong-gu Incheon Bupyeong-gu Office Officetel (except for the designated parties D, E), the Defendant removed the previous building (H) from the land (F and G) and performed business facilities and construction work of a new apartment (hereinafter “construction”) on one occasion (hereinafter “instant construction work”). (b) On October 22, 2018, the Defendant commenced the removal of the previous building or building owned by the Defendant as “the Plaintiff’s building,” and the previous building or building built by the Defendant as “the Defendant’s building.”

[Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 through 3, Purport of the whole pleadings]

2. In ordinary construction works as to the occurrence of liability for damages, the occurrence of noise, vibration, and dust is accompanied by a certain degree of noise, vibration, and dust. Thus, the mere fact that noise, vibration, and dust occurred in the course of construction works does not necessarily mean that the construction works go beyond the legitimate scope of exercise of right. Only if the degree of noise, vibration, dust, etc. and the degree of damage resulting therefrom exceeds the generally accepted limit in light of social norms, the act of discharge is a tort.

In this context, “limit of participation” should be determined by comprehensively taking into account all the circumstances, such as the nature and degree of damage, the public nature of benefits from damage, the attitude of harming damage, the public nature of harming act, the offender’s preventive measures or possibility of avoiding damage, whether it conforms to the standards under public law, regional characteristics, and the ex post facto relationship of land use (see, e.g., Supreme Court Decisions 2004Da37904, 37911, Jun. 15, 2007; 2015Da23321, Feb. 15, 2017). In setting a limit of participation, if there are standards related to regulation under environment or other administrative laws and regulations, it is important to determine the illegality of private law.