1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is a person who resides in the instant building as the owner of a building with a 172 square meters and its ground (hereinafter “instant building”) in Changwon-si, Changwon-si, the Plaintiff, and the Defendant is a person who acquired the ownership of a D large 49 square meters adjacent to the instant building with a distance of 1 to 2 meters from the said land for the purpose of constructing a multi-family house on September 7, 2016.

B. On December 15, 2016, the Defendant commenced the removal work of the existing building, and commenced the construction work of constructing the multi-family house on the seventh floor size of the ground (hereinafter “multi-family house in this case”) on January 3, 2018 (hereinafter “instant construction work”), and performed the excavation and structural construction.

C. During the instant construction period, the Plaintiff pointed out that ruptures, etc. have occurred on the instant building due to vibration generated on several occasions. On January 15, 2018, the Defendant: (a) drafted and delivered to the Plaintiff a written agreement to recognize the rupture, etc. of the outer walls, stairs, interior fences, etc. of the instant building; and (b) promised to perform repair works; and (c) partially performed repair works, such as closing down part of the ruptures of the instant house with decupture.

Meanwhile, the Plaintiff filed a civil petition with the competent Gu office on May 14, 2018 with respect to the damage from noise and vibration generated at the instant construction site and the infringement on the right of sunshine anticipated upon the completion of the building, and the public official in charge visited the construction site and measured noise between 08:38 and 09:28 on May 14, 2018. The measurement noise level was 73.4B(A) and the background noise level was 56.6dB(A) and the target noise level was 73dB(A).

E. On June 1, 2018, the Plaintiff filed the instant lawsuit on the ground that the repair work performed by the Defendant around June 1, 2018 does not merely compensate for damage caused by the instant construction work, and made an appraisal on the amount of the defect repair work of the instant building on March 12, 2019, and the appraiser conducted the appraisal.