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(영문) 서울중앙지방법원 2015.02.04 2012가합502675

손해배상(공)

Text

1. The defendant stated the "total amount of figures" in the attached Form 2 of the prize amount sheet to the plaintiff (appointed party) and the appointed party.

Reasons

1. Basic facts

(a) The 10 Preferred Flight Team of the Air Force under the Defendant’s control is an airfield stationed in the air operations base located in the Sejong East-dong area in Suwon-si and located therein (hereinafter referred to as “water-source airfield”);

Around November 28, 1954, an appraiser B (hereinafter “relevant appraiser”) of the Seoul Central District Court 201Gahap25270 case in December 13, 2012 to December 24, 2012 was in charge of managing and operating the Suwon Airfield (hereinafter “the instant measurement”). According to the data, the flight of the Suwon Airfield was mainly conducted during the week, excluding weekends, while the flight of the Suwon Airfield was conducted at the highest time from 07:0 to 19:00 to 19:00 to 200 on December 21, 2012, the number of flights during the said period was determined by the appraiser B (hereinafter “relevant appraiser”). The number of flights during the period was 0:0 to 200 on December 21, 201 and the number was 0:0 on December 21, 200 to 20:0 on December 21, 2012.

B. The Plaintiff et al.’s resident registration place of the Plaintiff et al. has maintained the resident registration in each of the relevant places indicated in the “resident registration” column of the attached Form 2 from the relevant time to the completion date indicated in the “resident registration period” column of the attached Form 2, by transferring the resident registration to Suwon-si, Suwon-si, the neighboring area of Suwon Airfield, the Suwon-si, the area of Suwon-si, the neighboring area of Suwon Airfield

[Ground of recognition] Facts without dispute, Gap evidence No. 11-5, Gap evidence No. 13, the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) Where any defect in the construction or management of a public structure causes damage to another person due to the defect in the construction or management of the public structure, the State or a local government shall compensate for such damage;

(Article 5(1) of the State Compensation Act. Here, “defect in the construction or management of public structures” means public purposes.