1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. The plaintiff and the designated parties (hereinafter "the plaintiff et al.") are residents of the C Apartment 101 in Si interesting City.

B. The Defendant is the owner of an urban-type residential house (multi-household multi-household) of the 6th floor above the above C apartment, which is adjacent to the foregoing C apartment, and is a contractor who has been entrusted with the construction of the above urban-type residential house in Samil Construction Co., Ltd. (hereinafter “non-party company”), and accordingly, the contractor was the non-party company from March 2017 to September 2017.

C. The Plaintiff et al. filed a civil petition regarding noise, dust scattering, etc. on several occasions among the aforementioned new construction works. However, around May 11, 2017, the Plaintiff et al. respondeded that it was impossible to discover special circumstances related to dust scattering or noise from Silung-si. On July 3, 2017, the Plaintiff et al. measured noise around 10:00 C Apartment 101 and 105, and the result was 64.8dB.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 3, 4, 5, 7 (including paper numbers), and the purport of the whole pleadings

2. Determination

A. The plaintiff et al. asserted is the owner of urban-type residential housing, and the defendant performed the construction of this case without taking any specific measures despite the duty of care to take appropriate measures to prevent damage to the plaintiff et al. due to noise and scattering dust generated while performing the construction of this case.

In addition, from May 2017, which is the starting point of construction of the fourth floor of the defendant's building, the residents living in C Apartment 101 dong 1 to 3 have been exposed directly to the view of the construction site and the inside of the living room and the inside room have been infringed upon their privacy.

Therefore, pursuant to Article 750 of the Civil Act, the defendant is responsible for compensating the plaintiff, etc. for mental damage caused by noise, scattering dust, and invasion of privacy caused by the construction of this case.

B. (1) The defendant, as the owner of the above residential house, contracted the construction of the above residential house to the non-party company, and the non-party company raises objection.