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(영문) 서울중앙지방법원 2014.08.27 2010가합134597
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. had been transferred to Suwon-si F, G, H, etc., the neighboring area of Suwon-si, the area of Suwon-si, which is indicated in the “the first transfer period” list in attached Form 3, and maintained the resident registration at each of the relevant places indicated in the “resident’s residence period” column in the same Table from the relevant time to the completion period

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 11, 12, 13, Eul evidence No. 6 (including provisional number), 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 structures that have been donated for public purposes.

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