공동주택의 층간소음으로 인한 손해배상청구

Where a claim for damages is made due to noise between floors of multi-family housing, such as apartments, the degree of noise between floors should infringe on the living interests that can perpetuate the victims' calm and pleasant daily lives. In other words, the degree of disturbance to life caused by noise between floors should exceed the extent to which one should generally tolerate it. Victims of noise between floors compare the type of damage, the degree and the type of act of harm, the measures to avoid the damage, the locality, and other factors, and if the damage exceeds the normal delivery limit, victims can claim damages from the perpetrator. As a method of resolving disputes caused by noise between floors, whether or not the Environmental Dispute Mediation Committee will approve the request for alimony, etc. due to the victim's mental damage, the interlayer noise measurement was determined by strictly applying the tolerance standard. In some cases, the alimony was isduced according to the length of residence and the degree of continuity of residence, also it was calculated in consideration of noise reduction efforts. Meanwhile, in the case of a lawsuit against the court of a victim of noise between floors, victims can claim damages for mental damage caused by illegal activities. Before the rules on the scope and standards for the management of noise between floors of multi-family housing were enacted in 2014, even though the measurement results vary somewhat from agency to agency, if a defect in the structure of the object is presented. either you generously reject the alimony claim or the amount was reduced in consideration of the perpetrator's efforts to reduce noise. Just before and after the enactment of the above rules, The court judged by applying the inter-floor noise standard value on a specific basis, the method, frequency and time of occurrence, and the degree of disturbance to privacy in peace. when determining the acceptance limit of inter-floor noise.