손해배상(기)
All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. Basic facts
A. The Plaintiffs are the persons residing in the E-Ground Housing in the Jeonbuk-gun, Jeonbuk-gun (hereinafter “instant housing”).
B. Around December 16, 2005, F obtained the approval for use by constructing a stable and compost with a size of 390 square meters on the D ground of Jeonbuk-gun, Jeonbuk-gun, the neighboring land of the plaintiffs of this case. On July 14, 2006, F obtained the approval for use by extending the stable with a size of 100.5 square meters on the above land.
After September 19, 2006, F donated the above livestock pens, etc. to the Defendant, and the Defendant completed the registration of ownership transfer on September 20, 2006.
C. The Defendant raising Korea-style cattle in the foregoing livestock shed, etc., and extended the said livestock shed, etc. to 1,321.03 square meters and 360.84 square meters of composts (hereinafter “Defendant livestock shed in this case”), and raising Korea-style cattle in the Defendant livestock shed in this case until now.
around October 2018, the Defendant installed a wall to block smelling and noise between the instant housing site and the instant housing site (hereinafter “instant facility”).
[Ground of recognition] Unsatisfy, entry of Gap 1 and 2 evidence, fact-finding results of fact-finding with respect to the prison group, the purport of the whole pleadings
2. Summary of the plaintiffs' claims
A. According to the Ministry of Environment’s recommendation, a breeding facility, including Korea, must set at a minimum of 50 meters (based on 400 math of raising livestock) from neighboring residential areas, etc. According to Article 3(2) and the attached Table of the Ordinance on Restriction of Livestock Raising of Dud Water-gun, in the case of a lawsuit in which a livestock breeding restriction area is located, the minimum straight line is within 300 meters from the boundary of neighboring residential land.
The defendant raised Chinese rain in the defendant livestock shed of this case located 20 meters away from the housing of this case in a straight line from the housing of this case, thereby impairing the peace of the plaintiffs' dwelling by generating malodor and noise exceeding the acceptance limit, and this constitutes an intentional or negligent unlawful act.
The Plaintiffs are under serious stress, due to the above tort.