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TITLE Supreme Court Decision 2014Da57846 Decided November 25, 2016【Establishment of Soundproof Facilities】 [full Text]
Summary
[1] Whether noise constitutes a disruption of daily life as prescribed under Article 217 of the Civil Act (affirmative)
In cases where noise is appropriate for the ordinary use of the adjoining land, whether a neighboring resident is to endure such a situation as obligated under Article 217(2) of the Civil Act (affirmative)
[2] Standard and considerations for determining whether the degree of disruption of daily life caused by road traffic noise exceeds the “bearable limit”
[3] Whether it can be readily concluded that an act of infringement of unlawful nature exceeding the “bearable limit” has occurred, solely based on road traffic noise going beyond the environmental noise standard related to noise in roadside areas as prescribed under the Framework Act on Environmental Policy (negative)
In a lawsuit claiming disruption of daily life due to road traffic noise, whether apartment residents’ everyday lives are being disrupted beyond the “bearable limit” is to be determined by whether noise level measured in the living room with all the windows and doors opened in the direction of the noise source does exceed the environmental noise standard, etc. under the Framework Act on Environmental Policy (affirmative in principle)
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