1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

1. The gist of the plaintiff's assertion is to own heading C, 2, 506, Busan, and the defendant owns 606 heading on the upper floor of the same building and resides therein.

Around September 2015, the Defendant constructed a new construction of a water pipe facility installed in the boiler room in attached Form 2, as shown in attached pictures, along with a photograph No. 1. As a result, whenever the Defendant used and suspended boiler, the width and vibration of No. 506 were transmitted, and the leakage of water was generated in the 506 tent. The storm and vibration caused damage to the 506 tent.

Therefore, the Defendant is obligated to pay 8.5 million won to the Plaintiff for consolation money for mental and physical pain caused by such unlawful act, restore the hot water pipe facility in the boiler room 606 to its original state, and replace the heating pipe installed on the floor of 606.

In addition, in order to enforce the restoration of the hot water pipe facility and the replacement of the heating pipe, the Plaintiff seek payment of money calculated at the rate of KRW 3 million per month from the date this judgment became final and conclusive until the restoration and replacement are completed.

2. Determination

A. First, we examine the allegation of damage caused by noise and vibration.

The infringement of living benefits generated by noise and vibration is assessed as an illegal and harmful act under private law, and the degree of noise and vibration should exceed the generally accepted tolerance limit under ordinary social norms. Determination as to whether such noise and vibration exceed the degree of tolerance under ordinary social norms should be made objectively taking into account the surrounding circumstances, such as noise, vibration size, type and nature of damage caused by noise and vibration, noise, form and motive of the act of inducing noise and vibration, and whether the perpetrator's preventive measures are taken.

In light of these criteria, the health team and the Plaintiff submitted.