208Gahap8052 Confirmation of Non-existence of Obligation (Partial Judgment)

A Stock Company

As shown in the attached list of the defendant.

April 24, 2009

January 22, 2010

1. It is confirmed that the Plaintiff’s damage liability against the Defendants was not nonexistent due to the noise between the floors regarding the Daegu North-gu B C apartment.

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

The same shall apply to the order.

1. Grounds for claim;

A. The Plaintiff is a project proprietor who constructed and sold a total of 1,194 households of 1,194 (hereinafter “instant apartment”) located in Daegu Northern-gu B, and the Defendants are residing in the instant apartment.

B. On December 29, 2000, the apartment of this case obtained approval from the Daegu Metropolitan City Mayor for the housing construction project.

C. The Defendants filed a dispute mediation with the Central Environmental Dispute Mediation Committee (hereinafter referred to as the “Committee”) in order to seek damages against the Plaintiff on the ground that noise from the upper floor of each apartment of this case suffered damage as the noise level exceeds the tolerance limit.

Accordingly, the Committee measured the performance of the floor shocking noise for three households of the apartment of this case on the spot, and as a result, measured the light shocking level of each household from 61dB to 69dB.

D. On May 15, 2008, the commission decided on May 15, 2008 that the Plaintiff should pay to the Plaintiff the expenses incurred in installing facilities that cut down noise between the floors of the instant apartment.

E. The costs of installing the said tea facilities were calculated on the basis of KRW 58,000 per square meter construction cost by calculating the area necessary for tea construction, such as the living room of each household of the instant apartment complex. However, the commission decided to reduce the total amount of KRW 1,522,19,410 (including the application cost for adjudication and the cost of measuring the floor shocking) by 50% in consideration of the fact that the instant apartment house was sold before the revision and implementation of the regulations on the housing construction standards, etc.

F. The Plaintiff raised an objection to the Committee’s finance by filing the instant lawsuit.

G. Since the apartment building of this case is constructed in compliance with the "structure that can sufficiently cut off the floor soundproof level between different floors" as stipulated in Article 14(3) of the former Regulations on Building Standards, etc. before the amendment by Presidential Decree No. 17972 of Apr. 22, 2003, the apartment building of this case is constructed so that there is no liability for damages caused by noise between floors of the apartment of this case against the defendants.

[Reasons for Recognition] A. Defendant D, Defendant 202 E (Service by Public Notice): Each entry of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

(b) Defendant 536. The fact that there is no dispute over F;

C. The remaining Defendants: deemed confession (Article 150(3) of the Civil Procedure Act)

2. Conclusion

Therefore, since the plaintiff's claim against the defendants of this case is well-grounded, it is so decided as per Disposition.

Judges Lee Young-young

Judges Kim Jong-ok

Judges’ Conciliation Exchange

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.