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1.The judgment of the first instance shall be modified as follows:
The defendants are individually 86,782,277 won and 13,298 among them.
Reasons
1. Occurrence of liability for damages;
A. 1) The Plaintiff had been operating a farm that raises Chinese rain from each real estate listed in the separate sheet of real estate (hereinafter “instant farm”) since before 1996.
B) Defendant Korea Rail Network Authority (hereinafter “Defendant Corporation”)
The purpose of the Act is to contribute to the development of the railroad industry and the national economy by efficiently implementing the construction and management of railroad facilities and other projects related thereto under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act. C) Defendant Korea Railroad Corporation (hereinafter “Defendant Corporation”) is a corporation established to contribute to the development of the railroad industry and the national economy by enhancing the expertise and efficiency in railroad operations under the Korea Railroad Corporation Act.
2) The Busan New Port hinterland, constructed by Defendant Corporation and the train operation of Defendant Corporation, passed from the instant farm to the south of 62.5 meters (hereinafter “instant railroad”) and the said railroad that passed around the instant farm.
(B) From November 3, 2010 to December 13, 2010, a train runs 24 times a day after the test operation of a train was conducted from the instant railroad, and a train runs from the instant railroad to December 13, 2010 to 24 times a day. 3) The noise and vibration generated from the operation of a train on the instant railroad due to the operation of a train on the instant railroad, and the following level of noise and vibration was transmitted to the instant farm. (A) On November 3, 2010, when the train runs a test, the noise from the passage of a train was measured at the instant farm on November 3, 2010 to 67dB(A). (B) After which the first instance appraiser B measured noise and vibration from October 10 through 11, 2011 to October 24, 2011.