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All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who runs accommodation business in the Jeju-si D Ground Building (hereinafter “instant building”) with the trade name of “C”.
B. The DNA Global Co., Ltd. is an executor of the construction of a new accommodation building with the 4th underground floor and the 18th floor above ground under construction in Jeju-si, Jeju-si (hereinafter “instant construction”). Defendant Cheongj Construction Co., Ltd is the contractor of the instant construction.
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. The Plaintiff’s summary of the Plaintiff’s claim asserts that the noise generated from the instant construction may cause enormous damages to the Plaintiff’s business, such as making a port or giving up accommodation. The Defendants seek compensation for damages equivalent to KRW 120,000, which were paid to the customers who were invested in the instant construction from February 11, 2016 to February 16, 2016, and the construction of noise generated during the instant construction from 12:00 to 12:00.
B. Determination 1) In ordinary construction works, in light of the fact that noise, vibration, and dust dust is accompanied by a certain degree of noise, vibration, and dust, it cannot be readily concluded that the construction works go beyond the legitimate scope of exercise of rights. Only where the degree of emissions such as noise, vibration, dust, etc. and the degree of damage caused thereby goes beyond the generally accepted limit under social norms, the act of emission is a tort. In addition, in a case where a building owner or possessor infringes on the living benefits which can enjoy and enjoy a pleasant and pleasant daily life due to nearby noise and the infringement goes beyond the generally accepted limit under social norms, the owner or possessor of the building may demand maintenance or prevention of noise damage based on his/her ownership or possession right (see, e.g., Supreme Court Decision 2004Da37904, Jun. 15, 2007).