1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff (a person who is a political party) corresponding to the revoked part shall be revoked;

1. Basic facts

A. The Plaintiff and the designated parties (hereinafter referred to as the “Plaintiff, etc.”) were the sectional owners or residents of each real estate indicated in the attached list of the designated parties in Songpa-gu Seoul Metropolitan Government apartment complex B (hereinafter referred to as “Plaintiff apartment”), and continued to reside from that time during the period from December 9, 2013 to February 21, 2014.

B. The Defendant is a corporation that takes charge of the construction work of “D apartment” (hereinafter “instant construction work”) in the Cable block adjacent to the north of the Plaintiff apartment.

C. On June 12, 2012, the Defendant obtained the approval of the project plan for the instant construction project, starting the construction project from that time, and obtained the approval for use on January 23, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 6, 19 (including paper numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff et al. asserts that the defendant is obligated to pay consolation money, since the plaintiff et al. suffered mental distress due to noise and dust generated at the construction site of this case.

B. In ordinary construction works, the occurrence of noise, vibration, dust, etc. in addition to the construction works cannot be deemed as exceeding the legitimate scope of exercise of rights, in light of the fact that noise, vibration, and dust is prepared to a certain degree of noise, vibration, and dust. Discharge of noise, vibration, dust, etc. and the degree of damage resulting therefrom exceed the generally accepted limit under the generally accepted social norms is a tort.

As such, in a lawsuit claiming infringement of living benefits such as the environment, etc. caused by the construction of a neighboring land, whether such infringement goes beyond the generally accepted limit, the nature and degree of the damage, the public nature of the damage interest, the form of harmful act, the public nature of the harmful act, the public nature of the harmful act, the measures to prevent the perpetrator from taking or avoiding the damage.