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(영문) 서울중앙지방법원 2018.08.21 2017가단5128766
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B, Defendant C, and Defendant E Co., Ltd. (hereinafter “Defendant Company”) are those who develop a electric housing complex in the size of 4,992 square meters of land and 1,000 square meters of land, F,00,000 square meters of land, and D are the representative director of the Defendant Company, and the Plaintiff is a person who resides in E,00,00

B. On January 7, 2016, the Defendants obtained permission for the development of a site for electric power resource from the Echeon Market and concluded a contract for construction works with the current U.S. Industrial Development Co., Ltd. at that time, and started construction works on the 22th day of the same month.

C. On February 11, 2016, the Plaintiff received a civil petition from the Gyeonggi-do Office on the grounds that the Plaintiff received inconvenience due to the construction noise, but did not improve. On February 23, 2016, the Plaintiff received a civil petition to request the Gyeonggi-do Office to improve the noise-related improvement. On February 23, 201, it cannot be said that the noise-related mental damage caused by the electric power plant construction would not occur, and the Plaintiff made a petition to the effect that the application for provisional disposition was filed because the noise was dead due to noise vibration, and this year was the same.

3. 10. Civil petition consultation was conducted with the content that the total amount of damage caused by the noise from the construction site of development is KRW 37,780,000,000.

A bed shall be laid down in the shape of a sloping, centering on the bedm, between the middle of October and the first of February in March, and the bedm between February and March. When exposed to noise and vibration during the above period, life expectancy may be reduced and discarded.

[Grounds for recognition] The descriptions of Gap evidence Nos. 4, 7 through 9, 11, 12, 16, 18, 19, Eul evidence Nos. 3 and 4, and the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The gist of the assertion is as follows: (a) the Plaintiff raises 100 copies of bees at the domicile of the Plaintiff around 2015.

However, 71 copies of the altered bees raised by the Plaintiff through various construction activities, such as stone wave work every day after the Defendants commenced construction work, are vibration, noise, and noise caused by the construction work.

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