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(영문) 서울중앙지방법원 2018.11.09 2017가합571454
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On September 2015, Defendant ABA project implementer of the Housing Redevelopment Improvement Project (hereinafter “instant project”) in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, contracted the construction of “C Apartment Housing” on the ground of the instant project site to Hyundai Industrial Development Co., Ltd. and Defendant Bsan Construction Co., Ltd. (hereinafter “instant construction”).

Defendant L&C Co., Ltd., from May 2016 to August 2017, 201, performed the removal work for the instant construction from around May 2016 to around August 2017. Hyundai Industrial Development Co., Ltd and Defendant 20 Construction Co., Ltd, have been running the excavation work and structural construction work at the site of the instant construction after the completion of the said removal

On the other hand, Hyundai Industrial Development Co., Ltd. was divided during the course of the lawsuit of this case and the defendant Echidi Industry Development Co., Ltd. took over the lawsuit.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1-1, Eul 1-4 evidence, the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. Plaintiffs 1 through 51 Plaintiff 1 and 51 were merchants operating a store at a place adjacent to the site of the instant construction work. Since the Defendants’ noise, dust, vibration, malodor, and traffic obstruction caused by the instant construction work, the customer decreased and the sales revenue was reduced rapidly, the Defendants are jointly and severally liable to compensate the said Plaintiffs for the amount of property damages equivalent to the amount claimed.

B. Plaintiffs 52 through 183, 52, and 183 are residents living in the vicinity of the instant construction site. Since the Defendants suffered emotional distress due to noise, dust, vibration, and malodor caused by the instant construction project, the Defendants are jointly and severally liable to compensate the Plaintiffs for consolation money equivalent to the amount claimed.

3. Determination

A. The owner of the land concerned shall be the owner of the adjoining land by exhaust gas, heat gas, liquid, sound, vibration, and the like.

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