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(영문) 인천지방법원 2015.04.07 2013가합30291
방음대책 이행청구
Text

1. The plaintiff (Appointeds)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The parties concerned plaintiffs and the designated parties (hereinafter referred to as "the plaintiff, etc.") are residents of the Gyeyang-gu Incheon Metropolitan City D Building (hereinafter referred to as "the building of this case"), the defendant Korea Highway Corporation is a public enterprise that manages the border highway, and the defendant Gyeyang-gu Incheon Metropolitan City (hereinafter referred to as "the defendant Gyeyang-gu") is a local government that has approved the use of the building of this case.

B. The construction process, etc. of the instant building 1) Forest Construction Co., Ltd. (hereinafter “Felim Construction”)

(2) On November 17, 2003, the Building Committee of Incheon Metropolitan City decided to construct the building of this case, which is a total of 13 through 20 stories, and 686 households, in a quasi-industrial area under the National Land Planning and Utilization Act. (2) On the other hand, in the process of deliberation on the building permission of this case, the Building Committee of Incheon Metropolitan City decided to devise soundproof measures to reduce noise on the surrounding highways and high-priced roads, and as a result, the elim construction commenced the construction of the building of this case on December 12, 2003 after obtaining a building permission under the Building Act from Defendant Gyeyang-gu on November 17, 2003.

3) On November 2005, in order to install soundproof walls to prevent noise on an expressway pursuant to the above terms and conditions of permission, Defendant Korea Highway Corporation obtained permission to occupy and use a road from Defendant Korea Highway Corporation by submitting a letter to Defendant Korea Highway Corporation to the effect that “all responsibility for the occurrence of noise complaints and other problems related to soundproof walls exists to the occurrence of noise in the future,” and Defendant Korea Highway Corporation obtained permission to occupy and use a road from Defendant Korea Highway Corporation. On March 7, 2006, soundproof walls were built on the surface of a pedestrian highway. On April 7, 2006, Defendant Gyeyang-gu operated business facilities (tels, 1 and 2 kinds.) on the instant building.

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