The judgment below

The part against the Defendants is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. As to the ground of appeal by Defendant Korea Highway Corporation

A. In a case where an owner or occupant of a multi-family housing has suffered interference with land use or suffering from living suffering (hereinafter “living interference”) due to noise, etc. generated from neighboring land, and the degree of interference or suffering exceeds the generally accepted level (hereinafter “limit of attendance”), the owner or occupant of a multi-family housing may seek damages from a person who generates noise, etc. or a person who installs and manages a structure that generates noise, etc., or seek prevention or elimination of noise, etc., namely, a claim for construction of noise prevention facilities or a claim for suspension of noise generation.

In such a case, whether interference with life exceeds the limit shall be determined by comprehensively taking into account all the circumstances, such as the nature and degree of damage, the public nature of benefit from damage, the attitude of harmful act, the public nature of harmful act, the prevention measures of the perpetrator or the possibility of avoiding damage, whether the violation of the regulatory standards in public law is violated, regionality, the preference of land use, etc

(See Supreme Court Decision 98Da47528 Decided July 27, 199, Supreme Court Decision 2007Da74560 Decided November 25, 2010, etc.). In determining whether interference with daily life due to noise generated on the road goes beyond the attending limit, the road is an essential facility for modern life, which provides a wide range of convenience that can not be compared with local traffic and balanced development and the country’s industrial and economic activities, etc., and is also being performed as an essential element for the construction of major road networks around the urban development project, automobile traffic occupies a large portion of traffic, and the overpopulated housing due to urbanization is proceeding, the occurrence and increase of road noise to a certain extent shall be deemed to fall under inevitable changes following social development.