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1. The claims of the plaintiff (appointed party) and the designated parties are dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. The plaintiff asserts that the main point of the plaintiff's assertion is as follows. A.
The plaintiffs (appointed parties) and the designated parties (hereinafter referred to as the plaintiffs) are living in the above apartment 101 Dong and 105 Dong, Seogu-gu, Daegu-gu.
B. The Defendants, at the front of 101 units and 105 units of the above apartment building, had a construction work as follows:
1) Construction works for new building: Construction works for defendant U.S. comprehensive construction, period: from October 15, 2015 to November 15, 2016: D new construction works for defendant U.S. comprehensive construction, and period: The E neighborhood living facilities construction and period: December 15, 2014 to June 93, 2016: The construction works for defendant U.S. comprehensive construction and period: The E neighborhood living facilities construction and period from January 10 to February 28, 2017: the construction works for defendant U.S. comprehensive construction: the construction and period from July 1, 2016 to March 30, 2017.
In the construction process of the defendants, noise, dust, etc. occurred, and the plaintiffs suffered mental suffering such as residential disturbance and water surface impairment.
The defendants are almost at the same time doing construction work and each of the above damages, so each of the plaintiffs must pay 4 million won and delay damages as damages.
2. Determination
A. In a case where noise, dust, etc. occurs at a construction site and exceeds the limit of participation by social norms, such act constitutes an unlawful infringement.
In determining the criteria for whether damage can be caused by social norms, the criteria shall be individually determined according to specific cases, comprehensively taking into account various circumstances, such as the nature and degree of infringement of rights or interests generally infringed, the characteristics of the local environment, environmental standards secured by public law regulations, whether measures to prevent or mitigate infringement or avoid damage, and the degree of the difficulty thereof.
(Supreme Court Decision 2008Da57975 Decided November 11, 2010). Moreover, there is noise and vibration exceeding the standard prescribed by administrative law regulating noise and vibration.