채무부존재확인
1. The Plaintiff (Counterclaim Defendant)’s liability for damages regarding the construction of a new apartment of MHMI in Kim Jong-si.
1. Judgment on the Plaintiff’s claim against the Defendants
(a)as shown in the reasons for the attachment of the claim;
(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;
2. Determination on the principal claim and counterclaim claim between the Plaintiff and the Defendant (Counterclaim Plaintiff)
A. The Plaintiff alleged by the Defendant (1) is obligated to pay consolation money, such as the statement in the counterclaim, inasmuch as the Plaintiff’s assertion (1) carried out a blasting construction work in the course of the construction of the HMI apartment, and caused damage to the Defendant (Counterclaim Plaintiff) who resides in the neighborhood by using various construction equipment at the time of the construction of the site and the base-breaking construction, thereby exceeding the tolerance limit.
(2) The construction site of the Plaintiff’s assertion and the housing of the Defendant (Counterclaim Plaintiff) are set up a six-lane road from which the traffic volume was high, and the Defendant (Counterclaim Plaintiff) could have anticipated the occurrence of noise due to the Plaintiff’s construction work in advance, as well as the Plaintiff installed soundproof walls, dust-proof net, shot sea, etc. in order to minimize the occurrence of noise, etc., so it is difficult to deem that noise, etc. due to the Plaintiff’s construction work is illegal within the scope of the tolerance limit, and the causal link between the damages claimed by the Defendant (Counterclaim Plaintiff) and the Plaintiff
B. (1) The Plaintiff, from around May 2015, performed the construction of “MI apartment house” (hereinafter “instant construction”) from Kimpo-si to around May 2015. Among them, blasting construction was conducted from July 4, 2015 to October 26, 2015. From May 8, 2015 to November 8, 2015, the Plaintiff used cryp trucks, dump trucks, dump trucks, crawls, etc. in the course of performing the structural construction from September 2, 2015 to July 19, 2016.
(2) On February 28, 2013, hereinafter “J apartment” in the instant case, which was approved on February 28, 2013.