1. The Defendant’s KRW 16,347,670 as well as 5% per annum from May 27, 2014 to November 21, 2017 to the Plaintiff.

1. Basic facts

A. The Plaintiff is the owner of the building indicated in the attached list (hereinafter “instant building”) and is residing in the instant building.

B. From August 2012, the Defendant proceeded with “B” (hereinafter “instant construction”) from around August 2012, the construction vehicle entering the construction site was passing along the roads adjacent to the instant building.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 11, the purport of the whole pleadings

2. Determination

A. Ordinary construction works involving liability for damages entail a certain degree of noise, vibration, and dust. Thus, it cannot be readily concluded that the construction works go beyond the scope of legitimate exercise of right solely on the ground that noise, vibration, and dust has occurred in any construction process. Only if the degree exceeds the generally accepted limit as generally accepted by social norms, the act of generating noise and dust constitutes tort.

As can be seen, in a lawsuit claiming infringement of living benefits, such as the living environment, etc. caused by the construction of a neighboring land, whether such infringement goes beyond the generally accepted limit should be determined by comprehensively taking into account all the circumstances such as the nature and degree of damage, the public nature of the damaged interest, the form of harmful act, the public nature of harmful act, the perpetrator's prevention measures or possibility of avoiding damage, whether it conforms to the public law standards, such as authorization and permission relations, regional characteristics, and the follow-up relationship of land use.

(see, e.g., Supreme Court Decision 2012Da60466, Aug. 20, 2014). Each of the evidence mentioned above and the statements stated in Gap evidence Nos. 4, 11, and 12 (including a serial number) comprehensively considered the overall purport of the pleadings, the following circumstances, namely, ① frequent vibration and noise have occurred while entering and leaving the construction site during the instant construction process.