손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of the Gyeong-gun’s Ground C detached Housing (hereinafter “instant Housing”) located in the said housing.
B. On August 19, 2015, Defendant Korea Rural Community Corporation contracted to Defendant B (hereinafter “Defendant B”) the part of “civil engineering works among the E projects (hereinafter “instant construction works”) that were implemented in Gyeongsung-gun D. D.
C. On January 5, 2017, Defendant Korea Rural Community Corporation obtained permission for gathering earth and rocks from the Sungsung-gun, Sungsung-gun, Sungsung-gun, for the instant construction.
Defendant B transported soil and rocks, etc. collected by using 25 tons of dump trucks (hereinafter “instant trucks”) from around that time to around 2019 with permission. During that process, the said trucks used roads adjacent to the instant house.
[Ground of recognition] Facts without dispute, Gap 1, 2, 8, 9, 13, 14, 17 evidence, Eul 1 through 7, 14 through 20, video and the purport of the whole pleadings
2. After Defendant B’s assertion commenced the instant construction, the instant trucks set up adjacent roads to the instant housing at a limited speed more than twice a day, and due to vibration, etc. generated in the process, damage such as equal heat and water leakage occurred on the roof and wall of the instant housing.
The Plaintiff suffered continuous stress due to noise, vibration, soil dust, and the possibility of collapse of the instant house, etc. that occurred in the course of driving the instant truck, and suffered from mental pain up to now due to depression and awareness disorder that occurred.
Therefore, the Plaintiff requested the Defendants to take measures such as prohibiting the passage of the instant truck, but the Defendants did not take any measures without disregarding the Plaintiff’s request.
Therefore, the Defendants, a joint tortfeasor, jointly and severally, damaged the Plaintiff’s housing in this case.