1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From March 198 and July 1970, the Plaintiff announced the “decision on the designation of the extension section of the construction work” to expand the Gu-U.S. to eight-lanes from among the Gyeong-U.S. (hereinafter “instant Highway”), among the Gyeong-U.S. Highway opened in four-lanes around the fourth-lanes around 1998, and then performed the said expansion from April 1998 to December 2003, and is managing the instant Highway. The Defendants are residents residing in the 101,102 Dong apartment (hereinafter “instant apartment”) located in the third-class general residential area as stipulated in the National Land Planning and Utilization Act.

B. The “B district housing site development zone” where the apartment of this case is located is designated as a planned area for housing site development on May 6, 1998, and the housing site development project was implemented from July 30, 199 to December 31, 2004. The apartment of this case was commenced on October 15, 2003 and completed around December 15, 2005 at a place less than 204 to 241 meters away from the south of the apartment of this case. The road of this case was constructed with soundproof walls of the size of 6-lane in the direction of the same direction at a place less than 30 meters away from the highway of this case to the 30-meter away from the road of this case, and the height of the apartment of this case is 5-meter and the size of 172m high.

C. The number of vehicles on the one-day expressway transiting around the apartment site of this case has increased every year as indicated below, and the noise has also increased accordingly.

2002 2003 2004 2005 2006 51,098 53,283 62,027 69,098 70,876 【Annual average daily traffic volume on the present highway】

D. The noise level of the apartment of this case, which was measured at the request of the Defendants, was 69 to 71dB as of September 6, 2006, and on March 9, 2007, the noise level measured on the ASM rooftop (6th floor) of the above apartment of this case, which is the Highway of this case and horizontal point, was 69.4DB and night 69.69.