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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. Basic facts
A. From July 194, the Defendant is operating a stable (hereinafter “the instant stable”) with the trade name “D farm” from a building located in the former Enju-gun B through C.
The livestock shed of this case consists of five pigss, one compost, and one manager for raising pigs. The total area of livestock raised is 1,214 square meters, and 1,089 marries for pigs.
B. The Plaintiffs are residents residing in the WT of the Jeonbuk-gun.
The plaintiffs and the defendant's arguments regarding the distance between the plaintiffs' residential place and the stable of this case are as specified in the attached Table 1.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 8 (including additional numbers), fact inquiry results against the head of the complete state of this court, the purport of the whole pleadings
2. The plaintiffs' assertion that the defendant operated the livestock shed of this case has caused severe malodor.
The plaintiffs living at a distance from which such malodor can reach the wind have suffered mental suffering which cannot be accepted by social norms due to various kinds of inconvenience suffered thereby, and thus, the defendant is entitled to pay 3,00,000 won as compensation for damages for such mental suffering.
(3) The mere fact that malodor was emitted from any facility cannot be readily concluded as tort solely on the ground that the amount of solatium to be received by the Plaintiff is at least KRW 3,00,000,000. However, in order to be deemed as an illegal harmful act beyond the scope of legitimate exercise of right, the degree of infringement on the profit should exceed the extent of social norms that the degree of infringement on the profit is able to participate in such act.
In determining the criteria for limit of admission, the nature of infringed rights or interests and the degree of social evaluation and infringement thereof;