1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiffs added or stressed by this court, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant asserts to the effect that, at the time of the instant new construction work, the noise and vibration emission is not illegal, which does not exceed the generally accepted limit in social life, on the ground that the noise and vibration emitted from the said construction work is within the control standards under the Noise and Vibration Control Act.

B. In ordinary construction works, the occurrence of noise, vibration, and dust is included in 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 occurred in the construction work process. Only where noise, vibration, dust, etc. and the degree of damage resulting therefrom exceed the generally acceptable tolerance level under the generally accepted social norms, the act of discharging them constitutes tort.

In this context, the determination should be made 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 prevention of the perpetrator or the possibility of avoiding damage, whether it conforms to the public law standards such as authorization and permission relationship, regionality, and the preference of land use.

(See Supreme Court Decision 2004Da37904, 37911 Decided June 15, 2007, etc.). In setting the limit of admission, if there are standards related to regulations under the environment and other administrative laws and regulations, the act or outcome of the act or consequence of the act or consequence of the act or result of the act or result of the act or result of the act or result of the act or result of the act or result of the act or result of the act or result of