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1.The judgment of the first instance shall be modified as follows:
BV projects consisting of the off-Gu BW from Seoul to the BX district.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1 to 4, 6, 7, Eul evidence Nos. 7 (including additional numbers), and 8 to 10.
The Plaintiff (the name of Hung General Construction Co., Ltd. was changed from the Hung General Construction Co., Ltd. to the Si Tti General Construction Co., Ltd.) was awarded a contract with the company that engages in housing construction business and civil engineering business, etc., and from the Busan City to the Busan City BW-Seoul City BX from the Busan City Co., Ltd. (the construction period: from February 25, 2010 to June 30, 2013).
Of the foregoing sections, the Plaintiff completed civil engineering works and blasting works in the tunnel section construction site (hereinafter “instant construction site”) with a distance of up to 65m from the southwest-gu Seoul 2Y apartment 106, 3, 4 (hereinafter “instant apartment”) to the south (hereinafter “instant apartment”) on or before September 12, 201, and was scheduled to complete the construction on or before August 12, 2012, but as the road plan authorization for the section of Seoul was delayed, the Plaintiff started civil engineering works and blasting works using construction equipment from January 2012 at the instant construction site.
B. The Defendants occupied the instant apartment before January 2012 and continued to reside in the instant apartment at July 2012 and August 2012.
C. Residents of the instant apartment complex filed a civil petition several times from February 2012 to the effect that they suffered damages due to noise, vibration, etc. generated at the construction site of the instant case.
Accordingly, in February 2012, the Plaintiff requested the Plaintiff to take necessary measures. On the other hand, the Plaintiff installed soundproof walls (the height is 5m, length is 83m, thickness is 34m) and soundproof walls (the height is 1m, length is 83m, soundproof walls) to prevent dust and noise generated from the construction site of this case. On June 2012, the Plaintiff installed two portable soundproof walls (4m x 12m).
On the other hand, the competent authorities are the case.