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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) against the principal lawsuit are dismissed.
2...
Reasons
The main lawsuit and counterclaim are also examined.
1. Facts of recognition;
A. The Plaintiff is a government-invested institution established under the Korea Highway Corporation Act, which is a corporation performing affairs concerning expressways under the control of the Ministry of Land, Transport and Maritime Affairs, and is a person in charge of installation and management of ancient-do Highway
Defendant A is a person who cultivates trees in the course of operating E in the area of 15,620 square meters in the area of 15,620 square meters in Jeon Chang-gun, Jeonbuk-gun (hereinafter “K”), and Defendant B is a person who cultivates trees in the area of 5,940 square meters in the preceding F. Defendant C is a person who cultivates trees in the area of 3,00 square meters in G, and 2,854 square meters in the area of 3,00 square meters in the preceding G, and is engaged in both money business.
(B) The Defendants’ combination of each of the above lands is called “the damaged land of this case.”
From December 24, 2002 to November 27, 2007, the Plaintiff implemented the construction work on the expressway No. 14 line 1 on the motorway. During that process, from September 2006 to May 2007, the Plaintiff installed 3.5 meters high and 186 meters high and 186 meters high and 207 high and 1.21 meters high and 1.21 meters high and 300 meters high and 30 meters high and 30 meters high and 30 meters high and 3.5 meters high and 186 meters high and 186 meters high and 187 meters high and 207.
다. 피고들은 이 사건 고속도로를 건설하는 과정에서 시공된 성토공사 및 방음벽 설치로 기존지형이 15m ~ 18m 정도 높아지게 되면서 형성된 냉기층으로 인하여 낮은 지대에 식재되어 피고들이 재배하던 감나무와 배나무에 늦서리 피해(霜害, 이 사건에서 냉해라는 용어로 지칭되기도 하는데, 실제는 늦서리 피해로 냉해와는 구별되는 것으로 보인다)가 발생하여 생육장애, 고사 등의 피해를 당하였다고 주장하면서, 2009. 4. 29. 중앙환경분쟁조정위원회에 원고를 상대로...