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(영문) 서울남부지방법원 2015.05.07 2009가합27149

손해배상(공)

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. Status of the parties 1) Plaintiff (Appointed Party; hereinafter “Plaintiff”)

) the designated persons, including the designated persons (hereinafter referred to as “designated persons”)

) The Gimpo International Airport located in Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “Gimpo Airport”).

2) The Defendant is a resident residing or residing in the vicinity of an airfield or navigation safety facility through the Minister of Land, Infrastructure and Transport under his/her control, grants a license to a person who intends to operate a domestic air transportation business or international air transportation business, obtains registration from a person who intends to operate a small air transportation business, grants a license to a foreigner for an international air transportation business, maintains and manages the airport facility, collects a fee from a person who uses or utilizes the airport facility, set noise standards according to the noise level generated by an aircraft operating at the airport, and takes off or lands at a certain airport according to the operation procedures determined and publicly announced by the Minister of Land, Infrastructure and Transport

Furthermore, the Minister of Land, Infrastructure and Transport has the authority and responsibility to manage the operation of airport and aircraft, including take-off and landing of aircraft, by restricting the operation of aircraft, imposing noise charges on the owners of aircraft producing noise, etc., if deemed likely to cause noise damage.

B. The history of Kimpo Airport 1) since the first construction of the runway in 1939, the runway expanded by the U.S. military from 1951 to 1957 and was designated as the U.S. military airfield in 1958.2) After that, the international air route established at the Kimpo Airport was transferred to the Incheon International Airport newly constructed on March 29, 2001, but the international line operated at the Donna International Airport in 2003 to the Donna International Airport was set at the Kimpo Airport in 2007.