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(영문) 서울중앙지방법원 2015.09.14 2013가단303724

손해배상(기) 등

Text

1. As for Defendant Shee Construction Co., Ltd, Defendant 500,000 won for each of the Plaintiff (Appointed Party) and the appointed parties and the designated parties, respectively, and the said amount.

Reasons

1. Facts of recognition;

A. The plaintiff and the designated parties (hereinafter referred to as "the plaintiff et al.") are residents of 113, 114, 115 of the Gwanak-gu Seoul Special Metropolitan City C apartment (hereinafter "the plaintiff et al.") and the defendant B&D association (hereinafter "the defendant association") are the implementers of the construction of the main complex building with the fourth underground floor and the fifteenth floor above the ground (hereinafter "the building of this case") in Gwanak-gu in Seoul Special Metropolitan City, which face a large of 30 to 50 meters away between the apartment building including the plaintiff et al. and the road. The construction of the building of this case (hereinafter "the construction of this case") is the construction of the new building of this case (hereinafter "the construction of this case").

B. Around April 2012, Defendant Company commenced the instant construction and carried out the ground-breaking and soil-preventive construction. In particular, the blasting work was carried out from December 2012 to February 2013, and the construction continued thereafter.

C. However, as a result of noise measurement on August 2, 2012, the Defendant Company was subject to an administrative disposition, such as installation of equipment, etc., and a fine for negligence, by the competent authority exceeding the regulatory standard set forth in the statutes. A civil petition was filed by neighboring residents several times from June 2012 to September 2013 due to noise or dust. In particular, a civil petition was filed at the time of weekends or alleys, and the competent authority received administrative guidance from the head of the competent authority, such as weekends, a short noise generation work system, a soundproofing system, a reinforcement of soundproof facilities, and a reinforcement of slaughter water.

In addition, around September 2013, the plaintiff et al. received a request from the council of occupants' representatives to suspend noise and dust generation.

In addition, noise measurement meteorological noise level installed by the Defendant Company on the inside of the soundproof walls at the construction site of this case shall be the same as November 5, 2013; November 6, 2013; November 7, 2013; November 15, 2013; November 20, 2013; November 30, 2013; and November 30, 2013; and December 7, 2013; < Amended by Presidential Decree No. 24880, Dec. 23, 2013; Presidential Decree No. 25074, Mar. 10, 2014; Presidential Decree No. 25075, Apr. 14, 2014; Presidential Decree No. 25757, Nov. 30, 2013; Presidential Decree No. 25295, Mar. 23, 201