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(영문) 창원지방법원 2013.08.14 2009가합4947
방음설비설치
Text

1. The plaintiffs and the plaintiff's successor's primary claim against the defendants and the first preliminary claim are respectively.

Reasons

1. Basic facts

A. The plaintiffs are the parties 1) H apartment located in J apartment in Jin-gu, Jin-gu, Jin-gu, Changwon-si (hereinafter "the apartment of this case").

The council of occupants' representatives consisting of the sectional owners, the former sectional owners, or the occupants of the above apartment. 2) Defendant Changwon-si (which was first promoted but was integrated into Changwon-si on July 1, 2010 pursuant to the Act on the Special Cases concerning the Construction and Support of Changwon-si, Gyeongwon-si; hereinafter referred to as " Changwon-si") is the management entity of the I national highways and J of the national highways located adjacent to the apartment of this case (hereinafter referred to as "the national highways I and J of the national highways of this case") and the future construction of the defendant corporation (hereinafter referred to as "the defendant future construction") is the person who constructed and sold the apartment of this case.

B. According to the National Land Planning and Utilization Act, the apartment building of this case and its neighboring roads are composed of 6 to 15 stories above ground and 13 Dong-dong 647 households in Changwon-gu, Seoul Special Metropolitan City (40,02.10С above ground on 40,02.10§³), and the apartment building of this case was newly built with the approval of the housing construction plan on May 28, 2004 from Changsi-si and obtained the approval of the use on August 31, 206.

The arrangement of each apartment of this case is as shown in the attached Form 3. Among the apartment of this case, 101 units, 102 units, 103 units among the apartment of this case are linked to the J national highways on the south side, 104 units, 105 units, and 111 units are linked to the national highways of this case. The distance from each of the above roads is about 7 to 16 meters.

At present, I national highways of the apartment of this case are the fourth line of 35 meters wide, which connects the Jinwon-si to the Jinwon-si, and the traffic volume is high. The traffic volume is expected to increase in the future traffic volume due to the impact of the occupancy of new apartment in the Jin-gu area and the development of the new harbor in the Jin-gu area. The traffic volume is also increasing as the 6th line industry road with the width of 26 meters wide connecting only L and Jinhae new ports scheduled to open in the future.

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