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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The relationship between the parties 1) Defendant A District Housing Redevelopment and Improvement Project Association (hereinafter “Defendant A”)
(1) The Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a partnership established for a housing redevelopment project implemented in Suwon-gu, Busan.
A) The implementer is a contractor who has been awarded a contract for apartment construction from the Defendant Cooperative, and is a D Apartment (Peremptory 35 stories, 13 Dongs, hereinafter “instant apartment”).
2) The Plaintiffs are the owners and residents of the F apartment on the ground E (PP 13 floors, G Dong, H Dong, I Dong, hereinafter “Plaintiff apartment”) of Suwon-gu, Busan (PP 13 floors, G Dong, H Dong, and I Dong; hereinafter “Plaintiff apartment”) adjacent to the new construction site of the instant apartment.
Plaintiff
The apartment is located in a place where approximately 30m to 50m is higher than the apartment of this case, and the location of the apartment of this case, which is anticipated when the apartment of this case is completed, is as follows.
F [Ground of recognition] Unsatisfy, entry in Gap evidence 1, 2, and 5 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiffs' assertion 1) The noise, vibration, and dust generated during the construction period of the apartment of this case for damages caused by noise, vibration, dust, etc. exceeded the tolerance limit. In particular, the defendant company failed to take any separate measures despite the duty to install a dust-proof wall and a dust-proof network so that asbestos dust does not spread into the atmosphere when removing the building in which asbestos materials are used, so asbestos dust spread into the air. Thus, the defendants are jointly and severally liable with the operator of the apartment of this case as the contractor of this apartment of this case and the contractor of this case, and are jointly obligated to pay 1 million won to Gdong residents, 2 million won to H Dong residents, and 3 million won to I Dong residents, as stated in the damages in the attached Table 2 (1).