채무부존재확인
1. Apartments constructed by the Plaintiff according to the construction contract concluded with the B Housing Redevelopment Project Association.
1. A claim as to each defendant (total of 52 persons) listed in attached Table 2;
A. The description of the claim is as shown in the annexed sheet of claim.
(b) Judgment of deeming a confession by each defendant as stated in the applicable provisions of Acts (1) 1 through 51 (Article 208(3)2 of the Civil Procedure Act) (Article 208(2)2) (2) of the Civil Procedure Act)
2. A claim as to the defendant (appointed party) and the remaining designated parties, and each defendant (total of 50 persons) listed in attached Form 1;
A. Basic facts (1) The Plaintiff entered into a construction contract with B Housing Redevelopment Development Project Association (hereinafter “SP”) from October 2010 to April 2013, and entered into a construction contract with the Plaintiff, and was performing the construction of an apartment at the Japanese Won of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant construction”). The Defendant (Appointed Party) and the remaining designated parties, and each Defendant listed in attached Table 1 (hereinafter “Defendants”) incurred damages due to noise, vibration, dust, etc. generated in the course of the instant construction by nearby residents at the construction site of this case.
(2) As a result of guiding and inspecting the construction site of this case in relation to noise and scattering dust, Dongdaemun-gu Office imposed an administrative disposition on the Plaintiff on the ground that the Plaintiff violated noise three times and fugitive dust once.
At the time of inspection, noise at the construction site of this case exceeded 65dB (A) which is the basis of noise damage recognition at maximum 81dB (A).
(3) The Defendants et al. filed an application for adjudication with the Central Environmental Dispute Mediation Committee against the Plaintiff and the non-party cooperatives by asserting that the 333 persons at the construction site of the instant case suffered damages due to noise, vibration, dust, etc. (Central Exchange Mediation Committee No. 13-36). Accordingly, the Central Environmental Dispute Mediation Committee recognized the Plaintiff’s liability for damages against the 300 persons among the 333 persons on August 26, 2013, and adjudicated to compensate for total 214,726,470 won.
(4) The Plaintiff, who is dissatisfied with the above arbitration, filed the instant lawsuit against the said 300 persons.