1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

1. The reasoning of the judgment on this part of the basic facts is the same as that of the judgment of the court of first instance, and such reasoning is cited pursuant to the main sentence of Article 420

(In accordance with the evidence duly adopted and examined by the first instance court, the findings of the first instance court are justifiable). 2.

A. Under Article 758(1) of the Civil Act, a person who constructs, preserves, and manages a road has a duty to compensate for any damage caused by a defect in the construction, maintenance, or management of the said road. The defect in the construction or maintenance of a structure means that the relevant structure is in a state of failing to meet safety requirements to be equipped with its intended purpose. Here, a state of lacking safety requirements, i.e., a state of risk that may cause harm to another person, is not only a physical or external defect in the physical facility itself, which constitutes the relevant structure, or a state of risk that does not have necessary physical facilities, but also a state of risk that may cause harm to users, as the facility itself does not have any physical or external defect, but also a third party in excess of a certain limit in the course of using the structure for its original purpose,

(2) In order to determine whether there was any noise or vibration exceeding the bounds of reference, the determination should be made by comprehensively taking into account all the circumstances, including the nature and degree of damage, the public nature of benefit from damage, the type and form of harmful act, the public nature of harmful act, the possibility of preventing the perpetrator from taking measures or avoiding damage, the violation of regulatory standards in public law, the characteristics and purpose of the area where the land is located, and the follow-up relationship of land use (see, e.g., Supreme Court Decisions 2015Da2321, Feb. 15, 2017; 2011Da91784, Sept. 24, 2015).