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(영문) 서울고등법원 2015.05.28 2014나39642
손해배상(기)
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff’s assertion is located in the vicinity of the helicopters and thus, noise damage is very serious. The conditions attached to the prohibition of filing a civil petition regarding aircraft noise in the military unit with respect to the building permit of the instant building, such as prohibition of filing a civil petition regarding aircraft noise in the military unit, and the Defendant submitted a written statement of performance to the military unit to comply with such conditions. The Defendant, as the purchaser of the instant land, was sufficiently aware of the above circumstances and damage during the process of succeeding to the building permit conditions for the instant building, but did not inform the Plaintiff, etc. at the time of the instant sales contract

The plaintiff et al. purchased the building of this case at an unfair price without reflecting noise defects due to the defendant's deception or breach of duty of disclosure under the good faith principle, and suffered economic loss which falls in the market price, and suffered mental loss due to noise pollution, so the defendant is obligated to compensate the plaintiff et al. for the above damage.

B. Determination 1) According to the appraisal results by the appraiser M of the first instance court, the building of this case is located at approximately 300 meters from the end of the north side of the Creriter's moorings, and it does not constitute Class 3 area requiring countermeasures against noise (not less than 75wel and less than 90wel) under Article 3 of the Enforcement Rule of the Act on the Prevention of Airport Noise and Areas Assistance, but for military training, it constitutes Class 3 area requiring countermeasures against noise (not less than 80wel and less than 85well) as Class 3 area area (not less than 81welth and less than 85welth). The sale and purchase of the building of this case in 2012 is at least one square meter per 201 square meters per year, which is at the time of the contract of this case.

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