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(영문) 대구지방법원 2010.01.22 2008가합8052
채무부존재확인
Text

1. The Plaintiff’s damage liability against the Defendants due to the noise between the floors regarding the Daegu Northern-gu B C apartment.

Reasons

1. Grounds for claim;

A. The Plaintiff is a project proprietor who constructed and sold a total of 1,194 households of 1,194 (hereinafter “instant apartment”) located in Daegu Northern-gu B, and the Defendants are residing in the instant apartment.

B. On December 29, 2000, the apartment of this case obtained approval from the Daegu Metropolitan City Mayor for the housing construction project.

C. The Defendants filed a dispute mediation with the Central Environmental Dispute Mediation Committee (hereinafter “Committee”) to seek damages against the Plaintiff on the ground that the noise from the upper floor of each apartment unit of this case exceeds the tolerance limit and suffered damages.

Accordingly, the Committee measured the performance of the floor shocking noise for three households of the apartment of this case on the spot, and as a result, measured the light shocking level of each household from 61dB to 69dB.

On May 15, 2008, the commission decided on May 15, 2008 that the Plaintiff should pay the expenses incurred in installing facilities to prevent noise between the floors of the instant apartment.

E. The cost of installing the said tea facilities was calculated on the basis of KRW 58,000 per square meter construction cost by calculating the area necessary for tea construction, including the living room of each household of the instant apartment complex. However, the commission decided to reduce the total amount of KRW 1,522,19,410 (including application expenses for adjudication and the cost of measuring the floor soundproof scale) by 50% in consideration of the fact that the instant apartment house was sold before the revision and implementation of the regulations on the housing construction standards, etc.

F. The Plaintiff raised an objection to the Committee’s finance by filing the instant lawsuit.

G. The apartment building of this case is constructed in compliance with the “structures that can sufficiently cut off floor shocks between each floor” stipulated in Article 14(3) of the former Housing Construction Standards, etc. Regulations prior to the amendment by Presidential Decree No. 17972, Apr. 22, 2003.

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