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(영문) 서울중앙지방법원 2014.11.12 2011가합134556
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 Air Force B Flight Group under the defendant's jurisdiction 1) is stationed in the air operations base located in the area C in the area of Suwon-si and is located therein (hereinafter referred to as "water source airfield");

Around November 28, 1954, an appraisal D (hereinafter “relevant appraiser”) in the Seoul Central District Court 201Gahap25270 case at the time of the operation of F-4D and F-5E/F battles at present. (2) From December 13, 2012 to December 24, 2012, 201, an appraisal of the noise generated from the water source airfield (hereinafter “instant measurement”) was conducted mainly during the week other than the weekends, and the number of flights generated from the water source airfield was 0:0-190-190-190-2, and the number of flights generated during the aforementioned period was 0:0-20-10-200-10-21: 201-201: 20-21, and 201-21: 20-30-21, respectively.

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 in the “period of residence” column in the “period of residence” column in the attached Form 3, from each of the relevant dates to the completion date indicated in the “period of residence” column in the “period of residence” column in the “period of residence” column in the attached Table 3 on each relevant day

[Ground of recognition] Facts without dispute, Gap evidence No. 11-5, Gap evidence No. 13-1 and 2, 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, the term "defect in the construction or management of public structures" is extended to public purposes.

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