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(영문) 대법원 2015.12.23 2014다231187
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

Whether the degree of interference with daily life caused by noise exceeds the participation limit shall be determined by comprehensively taking into account all the circumstances, such as nature and degree of damage, the public nature of damaged interest, the form of harmful act, the public nature of harmful act, the prevention measures of the perpetrator or the possibility of avoiding damage, whether or not the regulatory standards in public law have been violated, regionality, the preference of land use, etc.

Where a national expressway is already opened or started close to a national expressway scheduled to be opened, it shall be more strict to determine whether it exceeds the limit of reference.

In addition, it cannot be readily concluded that there is a road noise exceeding the environmental noise standard under the Framework Act on Environmental Policy for noise in the roadside area, and there is an illegal infringement exceeding the limit.

(1) In light of the aforementioned legal principles and records, the lower court did not err by misapprehending the legal doctrine regarding defects in the construction and management of public structures, or by misapprehending the legal doctrine regarding the construction and management of public structures, or by failing to exhaust all necessary deliberations. In so doing, the lower court did not err by misapprehending the legal doctrine regarding defects in the construction and management of public structures, or by failing to exhaust all necessary deliberations.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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