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(영문) 인천지방법원 2014.10.10 2013가단224990
채무부존재확인
Text

1. The Plaintiff is a neighboring party to the Defendant (Appointed) and the designated parties in the vicinity of the Incheon Bupyeong-gu B Apartment.

Reasons

1. Basic facts

A. The status of the parties (1) the Defendant (Appointed Party) and the designated parties (hereinafter “Defendant et al.”) are the occupants of “B apartment” 1 and 2 Dong, Bupyeong-gu, Incheon (hereinafter “instant apartment”).

(2) The Plaintiff is a construction manager and manager of a border highway, and the instant apartment complex is located adjacent to the section of “C” among the national expressways (hereinafter “instant road”).

B. (1) On April 1989, the Plaintiff completed the extension of the road of this case and the new construction of the apartment of this case. On January 4, 1990, the road zone decision was publicly announced in order to execute the construction project to extend the road of this case from the four-lane road to the eight-lane road from each other as to the road of this case (hereinafter “instant expansion project”) and completed the instant expansion project around July 14, 1992.

(2) On July 5, 191, when the expanded construction of the instant case was in progress, D Construction newly built the instant apartment after obtaining approval of the project plan from the competent authority and obtained approval of the inspection of use on March 25, 193.

C. (1) On November 29, 2012, the Defendant et al. filed an environmental dispute conciliation with the Central Environmental Dispute Resolution Committee (hereinafter “Central Environmental Dispute Resolution Committee”) demanding the Plaintiff and Bupyeong-gu Incheon Metropolitan City to compensate for mental damage and to reduce noise on the ground of noise generated from vehicles driving along the instant road.

(2) As a result of the measurement of the noise level of the instant apartment complex by entrusting the Incheon Metropolitan City Health and Environment Research Institute (hereinafter “Incheon Environment Research Institute”), the Central Environmental Dispute Mediation Council rendered a ruling on June 20, 2013 as follows: (a) the noise level of night, etc. at night, etc. at least 65dB (A) of the instant apartment complex residing by the Defendant, etc.; and (b) the following details.

The respondent Korea Expressway Corporation (hereinafter referred to as the "Korea Expressway Corporation") shall have 231 persons, such as the applicant E, etc. (the defendant, etc.) in total as shown in the attached Form 2, 68,095.

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