1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. The plaintiff (Appointeds) and the designated parties are residents living in Suwon-gu B Apartment-gu, Busan. 103.

B. On June 27, 2012, the Defendant entered into a contract with CHousing Redevelopment and Improvement Project Association for the new construction of an apartment complex in the housing redevelopment improvement project zone adjoining B apartment 103 units, and implemented the removal construction from June 17, 2015 to October 28, 2016.

[Reasons for Recognition] Evidence No. 9, Evidence No. 4, and the purport of the whole pleadings

2. The plaintiff (appointed party)'s assertion and judgment

A. Although the Defendant neglected to take measures to minimize the damage to nearby apartment residents while carrying out the removal construction, thereby causing damage to the Plaintiff (Appointed Party) and the designated parties, such as noise, dust, traffic inconvenience, etc. exceeding the tolerance limit.

Therefore, the defendant is obligated to pay 2 million won each to the plaintiff (appointed party) and the appointed party as consolation money for mental suffering suffered by them.

B. 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 if the emission of noise, vibration, dust, etc. and the degree of damage caused thereby exceed the generally accepted limit under social norms, the act of emission is a tort. 2) In this case, it is examined as to whether there was noise, vibration, dust, etc. exceeding the generally accepted limit as above.

In full view of the contents of evidence Nos. 3-1, 3-3, the standard of living noise in the general residential area is 70dB, and the noise on the side of B apartment is measured by the Suwon-gu Office due to the filing of a civil petition by residents.