1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The gist of the Plaintiff’s assertion is the owner of the F Building G head, the Eunpyeong-gu Seoul E-ground Condominium (hereinafter “G head”), and the Defendant is the owner of the same building H head (hereinafter “H head”).

The Defendant installed a large computer and other communication equipment in H and used it as a mobile communication base station. The noise and heat generated in the course of operating the communication equipment, which exceeded the tolerance limit, and thereby, it became impossible to normally use or lease the Gho Lake owned by the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of damages for rent and management expenses as stated in the list of the claim amount in the attached Form, which the Plaintiff could not receive from the lessee in G due to damages, and the amount of damages for transfer expenses incurred to the lessee, and the damages for delay.

2. The degree of infringement should exceed the generally accepted tolerance level under social norms in order for infringement of living benefits arising from the emission of noise, heat, etc. in an adjacent building to be assessed as an illegal harmful act. Here, the "limit on acceptance" should be determined by comprehensively taking into account all the circumstances, such as the nature and degree of damage, the public nature of benefits from damage, the form of harmful act, the public nature of harmful act, the perpetrator's preventive measures or the possibility of avoiding damage, whether it conforms to public law standards such as authorization and permission relation, regionality, and the priority of land use.

(see, e.g., Supreme Court Decision 2009Da40462, Feb. 27, 2014; Supreme Court Decision 2004Da37904, 37911, Jun. 15, 2007). The Defendant’s telecommunications equipment is installed to use the instant H as a mobile relay station; the occurrence of noise and heat generated from the said telecommunications equipment; the occurrence of noise and heat to a certain degree; and the Plaintiff’s lessee discharges them out of the building through the windows, out of the outdoor machine installed in the Hbea, and the exhaustr installed in the Hheada.