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(영문) 수원지방법원평택지원 2016.08.24 2013가합7877
채무부존재확인
Text

1. Article 12-3-214 of the Central Environmental Dispute Mediation Committee against the Defendant (Appointed Party) and the designated parties.

Reasons

Basic Facts

On December 28, 1996, the Plaintiff as the party, etc. approved the housing construction project plan regarding the Ansan-si B apartment and the Ansan-si C apartment (hereinafter collectively referred to as the “instant apartment”). On October 8, 1999, the Plaintiff issued a disposition of pre-use inspection on each housing construction project for the C apartment on September 1, 2003.

The defendant (appointed parties) and the designated parties (hereinafter collectively referred to as "defendants, etc.") are residents who reside or have resided in the apartment of this case.

The apartment of this case and the present roads are located on the right side of the 360.6km Seoul direction of the Gyeong Highway, and among which the apartment of this case and the present roads are located on the right side of the 360.6km, the separation distance of 110 B apartment houses near the Gyeong Highway is 62m.

The width of the road is 36 meters from the road to the 8rd line, and the maximum driving speed of the road was raised from September 2010 to 110km per hour.

In 2001 2002 2003 2004 2005 / 2006 125,408 147,432 143,985 137,243 140,024 136,024 136,0221 2007 2008 2010 / 201120 / 144,703 130,326 128,40 134,714, 928 16,2222, the annual average traffic trend is as follows:

Around 2012, Defendant et al. asserted that “the noise and dust generated from vehicles passing on the adjacent highways cause inconvenience in daily life, such as obstruction of water surface, obstruction of hearing impairment and failure to open windows, etc.” under the Environmental Dispute Adjustment Act, Defendant et al. filed an application with the Plaintiff and the Korea Highway Corporation for mediation to seek measures for noise reduction, such as mental compensation and installation of soundproof walls.

On June 28, 2013, the Central Environmental Dispute Resolution Committee of the Central Environmental Dispute Resolution Committee suffered mental damage due to noise damage exceeding the limit of admission in the case of residents who reside in a household with noise level of at least 65dB (A), and the plaintiff and the Korea Highway Corporation are liable for damage.

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