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(영문) 대구지방법원 2016.01.14 2014가합206260
채무부존재확인
Text

1. The plaintiff is the defendant (appointed party) due to any infringement of the residential environment, such as noise and vibration from the operation of trains with light-line trains.

Reasons

1. Basic facts

A. The Plaintiff Korea Rail Network Authority (hereinafter “Plaintiff”) is a public corporation established under the Framework Act on Railroad Industry Development, which is a manager of railroad facilities who performs duties such as construction and management of railroad facilities, and the Defendant (Appointeds, etc.) and the appointed parties (hereinafter “Defendants, etc.”) reside or resided in B apartment 106, 107, 108, 109, and 109 (hereinafter “instant apartment”).

B. The apartment of this case is located around 1.5 km in the direction of D basin, and the shortest distance between the steel street (hereinafter “the instant steel street”) and the instant apartment is about 15-20 meters.

On the other hand, the apartment house of this case is placed in parallel with the railroad line on the front of the railroad.

There was a soundproof wall with a height of 3.5 meters on the boundary of the railroad site of the apartment of this case.

C. (i) The instant railroad and train operations (i.e., the instant railroad were newly established on January 1, 1905 (Seoul or Busan) and then the instant railroad was re-established on March 1, 1945, and the KTX trains began to pass from April 1, 2004.

The average number of flights, such as KTX, Saemaul, Rose of Sharon, cargo trains, etc., which pass through the instant railroad from 2011 to 2013, are as follows:

Then, the average speed of KTX, Saemaeul, and Rose of Sharon is 60 to 80km/h, and the average speed of cargo trains is 40km/h.

On January 10, 2014, the defendant et al. asserted as follows and filed an application for adjudication with the Central Environmental Dispute Mediation Committee as the Central Exchange Mediation Committee No. 14-3-10.

The defendant et al. is always exposed to the noise pollution caused by the operation of rolling stock and there is no way to block the noise damage without covering the noise damage area.

Even at night, there is a noise above the standard level and the vibration causes damage to the property, such as apartment heating due to the vibration. The plaintiff Corporation has a total of KRW 1,179,00,000.

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