[1] Criteria for measuring noise level at the branch where a project proprietor under the Housing Construction Promotion Act is obligated to comply with under Article 9 (1) of the Regulations on Standards, etc. for Housing Construction for the purpose of prescribing the criteria for housing construction, criteria for housing site preparation, etc. under Article 31

[2] The case holding that it is reasonable to view that the Korea Land Corporation has installed soundproof walls on an expressway in consultation with a construction company in order to prevent noise damage to multi-family housing to be constructed on an expressway when it supplies a site for multi-family housing located on an expressway to the construction company, and the Korea Land Corporation has decided to install soundproof walls on the expressway in order to maintain the legal standard noise level at the construction site of multi-family housing in accordance with the noise measurement standards as stipulated by each Act and subordinate statutes

[1] Article 31(1) of the Housing Construction Promotion Act provides that the housing construction standards, housing site preparation standards, etc. shall be prescribed by the Presidential Decree; Article 31(2) provides that the project undertaker shall implement the housing construction project or housing site preparation project in accordance with the housing construction standards, etc. under paragraph (1); Article 51 subparag. 2-2 of the same Act provides that any person who carries out a project in violation of the housing construction standards, etc. under Article 31 shall be punished; Article 9(1) of the Housing Construction Standards, etc. for the purpose of providing for housing construction standards, housing site construction standards, and housing site preparation standards, etc. under Article 31 of the same Act provides that where the noise level of the branch where an apartment house is 65 cc or more under the noise measurement standards publicly announced by the Minister of Construction and Transportation in consultation with the Minister of Environment, multi-family housing shall be placed at a place less than 50 meters away from noise-generating facilities, such as railroads and highways; and Article 9(1) of the Housing Construction Promotion Act provides that the noise level level shall be less than 15 15 cm level.

[2] The case holding that it is reasonable to view that the Korea Land Corporation has installed soundproof walls on an expressway in consultation with a construction company in order to prevent noise damage to multi-family housing to be constructed on an expressway when it supplies a site for multi-family housing located on an expressway to the construction company, and that it has installed soundproof walls that are useful to maintain the legal standard noise level at the construction site of multi-family housing in accordance with the noise measurement criteria stipulated by each statute, such as Housing Construction Promotion Act, Regulations on Housing Construction Standards, etc., and Standards for Noise Measurement of Multi-family Housing (No. 463 of October 15, 1986

[1] Articles 31 and 51 subparagraph 2-2 of the Housing Construction Promotion Act, Article 9 (1) of the Regulations on Standards, etc. for Housing Construction / [2] Articles 105 and 750 of the Civil Act, Articles 31 and 51 subparagraph 2-2 of the Housing Construction Promotion Act, Article 9 (1) of the Regulations on Standards, etc. for Housing Construction

Jung Construction Co., Ltd. and four others (Attorneys Lee Im-soo, Counsel for the plaintiff-appellant)

Korea Land Corporation (Attorney Kang Young-mo et al., Counsel for the plaintiff-appellant)

Gwangju High Court Decision 97Na4073 delivered on May 8, 1998

The judgment below is reversed, and the case is remanded to the Gwangju High Court.

We examine the grounds of appeal.

1. Regarding ground of appeal No. 1

A. According to the reasoning of the judgment below, the court below held that the defendant is liable for damages to the plaintiffs, who are construction companies with 106,80 square meters of 15 square meters or less in multi-unit housing sites (exclusive apartment site size of 60 to 85 square meters) among the land scheduled for the construction of the above apartment site in Gwangju-gu, Gwangju-do, and that the defendant had consultation on the implementation of noise reduction measures for the apartment site 65 square meters or less (db) under Article 9 (1) of the Regulations on Standards for Housing Construction due to traffic noise (hereinafter referred to as "the housing site in this case"), and that the above noise reduction measures are to be implemented under the conditions to implement the housing site development project in consultation with the Minister of Environment, and that the defendant is to install the above apartment site 5 square meters or less in height and to install the apartment site 5 meters away from the noise level of the above apartment site and to install the apartment site 5 meters away from the noise level of the above apartment site at the end of the construction site construction site.

B. Article 31(1) of the Housing Construction Promotion Act provides that the housing construction standards, standards for housing site preparation, etc. of the above 5th floor shall be prescribed by Presidential Decree; (2) the project undertaker shall implement the housing construction project or housing site preparation project in accordance with the housing construction standards, etc. under paragraph (1); and Article 51 subparag. 2-2 of the same Act provides that any person who carries out a project in violation of the housing construction standards, etc. under Article 31 shall be punished; and Article 9(1) of the Regulations on Housing Construction Standards, etc. aiming to provide for housing construction standards, standards for housing site preparation, etc. under Article 31 of the same Act and the noise level of the 65th floor above shall be determined by the Minister of Construction and Transportation after consultation with the Minister of Environment to ensure that the noise level of the said 65th floor and the above 6th floor noise level shall be determined to be less than the average noise level of each 65th floor, and it shall be determined that the Defendant’s noise level shall be less than 15th floor noise level of the above 15th floor.

C. Therefore, without any other special circumstances, soundproof walls, which the Defendant assumed to install through the above consultation, should have a certain noise reduction effect on all floors of apartment buildings constructed in the instant housing site. In so doing, the lower court held that the Defendant liable for damages on the ground that the first soundproof walls installed by the Defendant did not have a noise reduction effect on the third or upper floors of the instant apartment complex, the lower court erred by misapprehending the relevant legal doctrine, such as Article 9(1) of the Regulations on Standards, etc. for Housing Construction, or by failing to exhaust all necessary deliberations by misunderstanding facts, which affected the conclusion

2. Therefore, without examining the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Son Ji-yol (Presiding Justice)