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(영문) 인천지방법원 2016.04.22 2013가합32211
채무부존재확인
Text

1. Each of the Plaintiff’s Defendants determined by the Central Environmental Dispute Mediation Committee as of March 14, 2013 falls under the respective cases.

Reasons

1. Basic facts

A. The Plaintiff is a new developer of the Bupyeong-gu Incheon apartment building A (hereinafter “the apartment of this case”), and the Defendants are the occupants of the above A apartment of each household.

B. The Defendants moved into the apartment of this case around July 200. At around 2012, 576 apartment residents, including the Defendants, filed a petition for mediation under the Environmental Dispute Mediation Act with the Plaintiff, the Korea Expressway Corporation, and Incheon Metropolitan City for mental compensation and the installation of a tunnel soundproofing wall on the ground that the noise and dust of the vehicle travelling on the adjacent border road caused inconvenience in daily life due to the obstruction of water surface, hearing impairment, and the lack of windows opening due to the noise and dust of the vehicle driving on the adjacent border road.

C. On March 14, 2013, the Central Environmental Dispute Resolution Committee recognized that mental damage was caused by noise damage exceeding the tolerance limit in cases of residential households with at least 65dB (A), and as to this, it recognized that the Plaintiff, the project implementer of the apartment complex of this case, and the Korea Highway Corporation, the installer and manager of adjacent compact highway, have liability for damages and responsibility for prevention of damage. The Plaintiff and the Korea Highway Corporation have dismissed the claim against Incheon Metropolitan City, and the Plaintiff and the Korea Highway Corporation have made an in personam joint and several complaints. ① on April 16, 2015, the Plaintiff withdrawn the lawsuit against Defendant B among these residents (each night noise noise level exceeds 65dB (A), each of which was 76,211,590 won and delay damages therefrom, and ② on the basis of the apartment complex of this case, the decision was made to establish and implement measures to reduce noise level at night, etc. (hereinafter referred to as “the parties to this case’s adjudication”).

On May 10, 2013, within 60 days after the delivery of the instant financial decision, the Plaintiff appealed against the Defendants.

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