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(영문) 수원지방법원 2015.06.05 2014나31346
손해배상
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The party status is the person who was the owner of the N-ground multi-family house (hereinafter “instant building”) in Ansan-si, and the Plaintiff A was the construction member of the V Religious Organization Lridge (hereinafter “LI”) located near the instant building; the Plaintiff B, C, and D was the person who was or was a public official belonging to the Plaintiff, E, F, and G who was the operator of the church vehicle belonging to the above LIS in Ansan-si or Ansan-si; the Plaintiff H was the police officer, and the Plaintiff I was the person who was in charge of managing the human body at the new construction site executed by the LIS.

B. 1) L church from March 2009 to March 2, 2009, L church set up “the Second Education Center’s 5m underground excavation work” on two lots, such as Ansan-si, Ansan-si, immediately adjacent to the site of the instant building (hereinafter “instant ground destruction work”).

From February 2010, K and eight parcels outside K, “new electric power plant construction works” in the size of five stories underground and four stories above ground (hereinafter “new electric power plant construction works in this case”).

(2) During the process of each of the instant construction works, the Defendant raised an objection to the Lridges Association on the ground that the ground of the instant building was invaded due to the instant excavation works, and that there was rupture, etc. inside and outside the building, or demanded correction of noise, dust, etc. generated at each of the above construction sites, and filed a number of civil petitions with the Gu Office, etc.

3) Accordingly, as a result of the measurement of noise in the instant building site by a public official belonging to the Agency, 72 dB and 78 dB exceeding 65 dB, which is the standard of living noise regulation under the Noise and Vibration Control Act, were measured, and 72 dB was measured in relation to the instant new electric power plant construction, which also exceeded the above regulation standard. Accordingly, the head of the SP issued a disposition, such as additional installation of soundproof facilities and imposition of fine for negligence, etc., on November 9, 201.

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