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(영문) 서울중앙지방법원 2016.10.21 2012가합41750

손해배상(기)

Text

1. The defendant attached Form to the plaintiffs

2. The sum of the final claims in the damages list shall be described respectively.

Reasons

1. Basic facts

A. 1) The Daegu Airfield is located in the Dong-gu, Daegu Airfield. The area of the Daegu Airfield is approximately 1/3 of the entire area of the Do-dong, and around October 1970, the Daegu Airfield was installed at approximately 1/3 of the total area of the Do-dong. The Daegu Airfield is concurrently operating military aircraft and private aircraft. The flight is mainly under the management of the 11th Air Force, the 15K combat aircraft under the Defendant’s control. 2) According to the appraisal report (Evidence No. 1), according to the Seoul Central District Court Decision 2011Ga76391 (Gong) and 7 other cases (hereinafter “related cases”), the appraiser C of the Daegu Airfield (hereinafter “related cases”) determined the noise of the 16th G-gu, Daegu Airport during the period from June 18, 2012 to June 28, 2012 to the 16th day of the measurement (hereinafter “7th day of the measurement”).

According to the first measurement of this case, the number of flights during the said period was the highest between 07:00 to 19:00, and the number of flights during the said period was operated on June 20, 2012; on June 27, 2012 and June 28, 2012, during the pertinent period between 19:00 to 22:00; and on June 28, 2012, there was no operation during the pertinent period between 22:00 to 07:00 and the weekend.

Aircraft operation of the Daegu Airfield consists of takeoff, landing, landing, landing on the ground, transit, and transit. The ratio by type of operation of the Daegu Airfield as a result of the first measurement of this case was 41.3% of takeoff, landing 30.7% of landing, landing 1.7% of landing on the ground, transit 11.9% of transit, transit 14.5% of vessel conference, and all aircraft take off and landing from the northwest to the southwest.

3) According to each supplementary appraisal statement (A evidence 6-2 and 3), the parties to the relevant case requested a supplementary appraisal on the ground that the annual operating ratio of the two directions on the runway of the Daegu Airfield in fact is : 6:4 : . The parties to the relevant case actually demanded the supplementary appraisal on the ground that it is 6:4 . The appraiser C of the relevant case is 3:3.31, 2014; 4.1, 2014; 7.5.7, May 7, 2014; 5 (3) near Daegu-gu E, Daegu-gu, etc., Daegu-gu, etc. for the period of May 8, 2014; and 2.