1. The plaintiff (appointed party)'s appeal is dismissed.

2. The plaintiff (Appointed Party) added at the trial.

1. Basic facts

A. The parties concerned plaintiffs and the designated parties (hereinafter referred to as "the plaintiff, etc.") are residents of the Gyeyang-gu Incheon Metropolitan City D Building (hereinafter referred to as "the building of this case"), the defendant Korea Highway Corporation is a public enterprise that manages the border highway, and the defendant Gyeyang-gu Incheon Metropolitan City (hereinafter referred to as "the defendant Gyeyang-gu") is a local government that has approved the use of the building of this case.

B. (1) The building permission for the instant building was granted to a forest construction company for business facilities (officetel, neighborhood living facilities, and sports facilities) under the Building Act, and the building permission for the instant building was to be built as a total of five buildings with 13 to 20 floors and 686 households in a quasi-industrial area under the National Land Planning and Utilization Act.

(2) In the process of deliberation on whether to grant a building permit of the building of the building of this case, the Incheon Metropolitan City Building Committee decided on August 5, 2003 to grant a building permit of the building of this case, on condition that it would take soundproof measures to reduce noise on the surrounding highways and high-priced roads, and as a result, the construction permit of the building of this case began after obtaining a building permit from Defendant Gyeyang-gu on November 17, 2003 after filing a commencement report on December 12, 2003.

(3) On November 2005, in order to install soundproof walls to prevent noise on an expressway, Defendant Korea Highway Corporation applied for permission to occupy and use a road to grant permission to Defendant Korea Highway Corporation for the occupancy and use of a letter stating that “all responsibility for the occurrence of noise complaints and other problems related to soundproof walls lies in a forest construction.” Defendant Korea Highway Corporation obtained permission to occupy and use a road from Defendant Korea Expressway Corporation. On March 7, 2006, Defendant Gyeyang-gu used soundproofs to construct soundproofs on a pedestrian highway. On April 7, 2006, Defendant Gyeyang-gu obtained approval to use the instant building as a business facility (tels, Class 1 and Class 2 neighborhood living facilities).

(c)in this case;