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(영문) 서울고등법원 2013.01.31 2009나25908

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall list the plaintiffs (appointed parties) and attached Form 1 1.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the following facts, as a result of Gap evidence No. 1 and on-site verification in the first instance trial, as a result of the noise appraisal conducted by the appraiser G in the first instance trial and the purport of the whole pleadings as a result of complementary appraisal conducted by the above appraiser in the first instance trial:

The plaintiffs, etc. in the residential area of the plaintiffs and designated parties (hereinafter referred to as "the plaintiffs, etc.") are persons residing or residing in Gwangju Mine-gu bankruptcy Dong, Songdong-dong, New Village, etc. which are neighboring the Gwangju Airport, and the time of the transfer of the plaintiffs, etc. is as stated in the "the time of initial transfer" in the attached Form 2 compensation statement.

B. The history, status, and use status of the Gwangju Airport and the Gwangju Air Force Airfield (1) was first established in the Gwangju Dong-dong in November, 1948, and the Gwangju Airport was transferred from April 1960 to January 7, 1964, and then re-transfered to 740-13 of the Gwangju Mine-dong, the current location of Gwangju Airport as of January 1964.

In Gwangju Airport, 2,836 meters in length and 45 meters in width are installed on a site area of 150,59 square meters.

Private and Air Force jointly uses the Gwangju Airport, and the Air Force has been used as the Air Force Airfield since 1963.

(이 사건에서 민항기의 운항으로 인한 소음은 문제되지 않고 있으므로, 이하 ’광주 공군비행장‘이라 한다). (2) 비행 현황 광주 공군비행장의 비행은 T-50 이글, F-5 팬텀 전투기의 훈련이 주된 것인데, 감정인의 1차 측정 기간(2006. 9. 25. ~ 2006. 10. 1.)에 F-5 팬텀 전투기는 200회, T-50 이글 전투기는 5회, 2차 측정 기간(2007. 4. 2. ~ 2007. 4. 8.)에 F-5 팬텀 전투기는 179회, T-50 이글 전투기는 30회 각 출격하였다.

(3) The flight training of the Gwangju Air Force Airfield will consist of take-off, landing, transit, lines and T&G (TO), and most T&G airfieldss.