A. The Plaintiff et al. resided in Eunpyeong-gu Seoul Metropolitan Government G apartment (hereinafter “instant apartment”) with the scale of 1,230 households of 22 Dong, and the Defendant was running the I Apartment Construction Work (hereinafter “New Construction Work”) in the business area for H housing redevelopment and improvement projects adjacent to the instant apartment from December 2, 2015.

B. The location of the apartment house of this case and the new construction site of this case shall be as follows:

(c)

From December 2, 2015 to January 2018, the Defendant, using construction equipment, such as excavating machine (B/H), dump truck (D/T), and clicker, generated noise and vibration while performing removal works, soil works, and structure works. The residents of the apartment of this case filed a civil petition continuously with the office of Eunpyeong-gu while complaining for damages caused by noise, vibration, etc. due to the instant new construction works.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), appraiser J (hereinafter the " appraiser"), the purport of the whole pleadings

2. Determination:

A. The gist of the plaintiffs' assertion is that the plaintiff et al. suffered inconvenience and mental suffering exceeding the tolerance limit due to environmental damage, such as noise and vibration generated in the construction process of the new construction project of this case. Thus, the defendant is obligated to pay the plaintiff et al. the corresponding amount stated in the "final claim gold" column in attached Form 2 and damages for delay.

B. 1) Criteria for determination of liability for damages is that infringement of living benefits and ordinarily construction works involve certain degree of noise, vibration, and dust generation. Thus, it cannot be readily concluded that the construction works go beyond the scope of legitimate exercise of right solely on the ground that noise, vibration, and dust generation occurred in the construction work process. The noise, vibration, dust, etc. and damage therefrom are generated.