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(영문) 부산지방법원 2019.02.20 2017가합42725

손해배상(환)

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. 1) The remaining designated parties except for the Plaintiff and the Selected apartment council of occupants’ representatives (hereinafter referred to as “Plaintiff, etc.”) are collectively referred to as “Plaintiff, etc.”

2) The apartment of this case (hereinafter referred to as the “instant apartment of this case”) can be deemed to be an apartment of this case in the Geum-gu, Busan.

(2) On July 25, 2013, Defendant B Co., Ltd. (hereinafter “Defendant B”) contracted from the Public Procurement Service to the Busan Geum-gu GH (hereinafter “instant first road construction”) and started the said road construction from August 2013.

3) Defendant C Co., Ltd. (hereinafter “Defendant C”)

A) From the Public Procurement Service around 2014, the G G G G G G G G G G G G G G G G G G G G G G G. (hereinafter “instant road construction”).

(B) From March 2014, the above road construction was commenced. (B) The apartment of this case and the location of the first and second road construction site of this case is the road located on the south side of the apartment of this case, which is the first and second road construction site of this case. The Busan is the road located on the south side of the apartment of this case. The second road construction site of this case is in contact immediately with the top side of the first road construction site of the same road of this case.

Specific locations are as follows:

2) Meanwhile, the location of the apartment of this case located in the general residential area is as follows. (c) The Defendants performed the tunnel excavation work from January 2015 to January 1, 2015 by using Crarain, air, excavation equipment, file resistance equipment, etc.

2) However, as noise, vibration, dust, etc. had occurred in this process more severe than the previous ones, the occupants of the instant apartment from January 2015 to October 2016, the Plaintiff et al. filed a civil petition claiming damages to the Geum-gu Office over 12 times. [Grounds for recognition] Facts that there is no dispute, Gap evidence Nos. 1 to 5, 17, Eul evidence Nos. 10, Eul evidence No. 10, Eul evidence No. 10, Eul evidence No. 1 (including each number; hereinafter the same shall apply).

2. Each entry and the purport of the whole pleadings.