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

around September 2015, the Defendant constructed a new construction of a water pipe facility installed in the boiler room, as shown in attached Form 2, along with a photograph No. 1. Accordingly, whenever the Defendant uses and suspends boiler, the width and vibration of No. 506 are transmitted and the water leakage in the boiler No. 506 is generated.

Therefore, the Defendant is obligated to pay 7 million won as consolation money for mental and physical pain suffered by the Plaintiff due to such unlawful act, restore the hot water pipe facility in the boiler room 606 to its original state, and replace the heating pipe installed on the floor of 606.

In addition, in order to enforce the restoration of the hot water pipe facility and the replacement of the heating pipe, the Plaintiff seeks to pay to the Defendant the amount calculated at the rate of KRW 3 million per month from the date the judgment of this case became final and conclusive until the restoration and replacement are completed.

2. Determination

A. First, we examine the allegation of damage caused by noise and vibration.

The infringement of living benefits generated by noise and vibration is assessed as an illegal and harmful act under private law, and the degree of noise and vibration should exceed the generally accepted tolerance limit under ordinary social norms. Determination as to whether such noise and vibration exceed the degree of tolerance under ordinary social norms should be made objectively taking into account the surrounding circumstances, such as noise, vibration size, type and nature of damage caused by noise and vibration, noise, form and motive of the act of inducing noise and vibration, and whether the perpetrator's preventive measures are taken.

In light of the above criteria, the evidence submitted by the Plaintiff alone is living in the Plaintiff due to the use of the Defendant boiler.