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(영문) 서울북부지방법원 2015.11.13 2015가단31183

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants are those living in 401 multi-household houses located in Dobong-gu Seoul Metropolitan Government, and the Plaintiff’s land owner F is the owner of the new construction of two multi-household houses in the neighboring G and one parcel (hereinafter “instant new construction”).

B. The New Construction Corporation (hereinafter “New Construction Corporation”) continued from August 2014 to seven months since the commission of construction by Korea-Japan Construction Co., Ltd., and the Defendants filed a civil petition at Dobong-gu three times on the grounds that the Defendants cannot lead a daily life due to noise, dust, vibration, etc. generated in the process of new construction.

C. The Defendants, who did not properly resolve a civil petition filed in Dobong-gu, filed an application for mediation with the Seoul Special Metropolitan City Environmental Dispute Mediation Committee against the Plaintiff and the Plaintiff, and the said Committee recognized the Defendants’ damages caused by noise generated in the construction process of this case, and recognized the Defendants’ damages liability for comprehensive construction sent to the Plaintiff, but the Plaintiff was confirmed to have assisted construction as the owner of the building and excluded from liability for damages.

The construction of the Han Han General Construction Co., Ltd. reported H as a field agent.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 and 2, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendants are obligated to pay consolation money to the Plaintiff on the ground that: (a) I, the husband of the Plaintiff, appeared in a family-friendly relationship and explained the situation to the public official in charge when the former public official was present at the site as the Defendants’ civil petition; and (b) the Defendants continued to file a civil petition by designating the Plaintiff as the actual owner of the instant new construction project; and (c) the Defendants went to the Dobong-gu and Seoul Special Metropolitan City Environmental Dispute

B. The Defendants did not look at or call the Plaintiff, and filed a civil petition due to the instant new construction work with Dobong-gu or Seoul Metropolitan Government.