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인천지방법원 2016.01.21 2015나1079

1. Of the judgment of the court of first instance, the part concerning the development of compatibility between the defendant C&O and the stock company is below.


1. Basic facts

A. On March 2013, the Plaintiff occupied C Apartment Complex B located in Kimpo-si, Kimpo-si (hereinafter “instant apartment”) 202 Dong 1201.

B. Defendant C&S Co., Ltd., Ltd. and C&S Co., Ltd. (hereinafter “Defendant Co., Ltd”) ordered “D&S” (hereinafter “instant construction”) adjacent to the instant apartment complex from the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) and commenced the said construction from January 2013.

C. Around April 2013, the Defendant Company filed a civil petition with the occupants of the instant apartment that is linked to the construction site due to noise, dust, etc. while continuing the construction of the instant construction site at the construction site. On May 31, 2013, the Defendant Company held a public hearing against the residents of the instant apartment on the construction site to adjust noise during the work period, and to endeavor to minimize inconvenience to the residents, such as operating a dance vehicle.

Since May 2013 to September 2013, the Plaintiff and husband E filed several civil petitions against noise and scattering dust damage with Kimpo-si, the Anti-Corruption and Civil Rights Commission, etc. Accordingly, from Kimpo-si to Kimpo-si on June 15, 2013 as a result of the measurement of construction noise of the family room (No. 202 Dong 1201, Dong 1201) in which the Plaintiff resides at Kimpo-si, Kimpo-si and the Anti-Corruption and Civil Rights Commission.

E. On June 27, 2013, the Defendant Company received a notice from Kimpo-si of an administrative disposition in accordance with the construction site noise control level excess, and conducted noise reduction measures, such as “the installation of concrete-type soundproof walls around the pumps-type removal cell,” “the installation of soundproof walls to soundproof factories,” “the installation of soundproofproof walls to move-proofs in the project section of the project site,” and “the installation of the project site noise prevention device” for on-site workers on July 30, 2013, and conducted on-site noise measurement by measuring on-site noise every day.