logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.10.14 2020가합19206
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The plaintiffs are the parties to this case’s housing units E and F (hereinafter “instant housing”).

2) Defendant National Railroad Corporation (hereinafter “Defendant Corporation”) is a corporation established to promote the convenience of transportation of the people and contribute to the sound development of the national economy by efficiently carrying out the construction and management of railroad facilities and other projects related thereto under the Framework Act on Railroad Industry Development and the National Railroad Corporation Act.

3) Defendant Korea Railroad Corporation (hereinafter “Defendant Corporation”)

b) The purpose of this Act is to contribute to the development of the railroad industry and the national economy by enhancing the expertise and efficiency of railroad operations. B. Construction of the instant railroad and new construction of the instant housing, etc. 1) The rail lines between the C Station and D Station operated by the KTX Gyeongbu, Saemaulho Lake, Rose of Sharon in the Seoul metropolitan area (hereinafter referred to as the “instant railroad”) were newly established on January 1, 1905 and reinstated on March 1, 1945.

2) The instant housing is located between C Station and D Station as multi-household housing approved for use on July 28, 1989, and is located within a general residential area prescribed by the National Land Planning and Utilization Act. 3) Plaintiff A completed the registration of ownership transfer of the instant housing on November 15, 2016, and the Plaintiffs resided in the instant housing from November 30, 2016.

C. According to the noise control standards under the relevant statutes and the noise control standards under Article 26 of the Noise and Vibration Control Act and Article 25 [Attachment Table 11] of the Enforcement Rule of the same Act, the limit of the traffic noise control standards under the traffic noise and vibration control standards in the residential area where the instant housing is located is the day (06:0-22:00) 70dB (A), night (22:0-06:0) 60dB (A) 60dB (A). 2) An appraiser G measured the noise when a train passes on the Hho and rooftop of the instant building, such as the instant housing, on December 26, 2019.

arrow