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TITLE [Affirmation of Non-existence of Debt]Supreme Court Decision 2008Da9358, 9365 Delivered on August 21, 2008 [full Text]
Summary
[1] Whether the consideration of environmental standards, as established in the Framework Act on Environmental Policy, shall be given priority over housing construction standards under the Housing Act in determining whether the infringement caused by noise coming from road traffic exceeds the tolerable level under generally accepted social norms for the residents living nearby the apartment complex at issue (affirmative) [2] In the case where noise coming from road traffic exceeds a tolerable level under generally accepted social norms causing an infringement on nearby residents' quality of life, whether such residents can seek compensation for tort liability for noise against the seller of apartment lots at issue (negative), and the circumstances where the seller bears liability to the buyer in relation to such noise
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