1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

1. In the first instance trial, the Plaintiff filed a claim for active damages (damage to buildings, trees, uneasiness, and treatment expenses of water surface disorders) and mental damages arising from the instant construction works in the first instance trial, and the first instance court rendered a judgment that accepted part of the mental damages and dismissed all of the active claims for damages and the remainder of the claim for mental damages, thereby expanding the amount of the claim only for the part of the claim for mental damage.

Therefore, the part of the Plaintiff’s claim for affirmative damages is excluded from the scope of a trial at the trial at the trial at the trial at the trial at the trial at the court, and only the part of the claim for emotional damages (=5,000,000 won - 3,000,000 won) excluded from the judgment at the court of first instance and the claim amount expanded from the trial at the trial at the trial at the court at the trial at the trial at the court at the trial at the level of KRW 4,00,000,000].

2. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the following portions written by the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The parts to be used in the trial of the court of first instance shall be cut to the following parts, of the 4th to 5th of the 5th of the 4th instance judgment:

3) Comprehensively taking account of the content of the instant construction project, method of construction, construction period, distance between the instant building and trucking roads, measured vibration value, and dust generation, etc., it is recognized that the Plaintiff, who was residing in the instant building, suffered considerable mental pain due to the vibration, noise, etc. that occurred in the process of the instant construction project. In light of all the circumstances revealed in the argument, it is reasonable to deem the Plaintiff’s consolation money amount due to the instant construction project as KRW 5,00,000, and KRW 3,000,000 cited in the first instance judgment among them, to the Plaintiff.