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[1] The test for determination of unlawfulness in case where the third party suffered loss from harmful emission incurred by the lawful operation of facilities or their public use
[2] The case affirming the judgment below that the act of noise emission at that time and its result exceeded the defendants' tolerable limits and constitutes torts, on the ground that the losses came from the noise occurring in the air base, in case where losses occurred as a result of miscarriages by pregnant pigs in a place about 4.5 km away from the northern end of the runaway of the air base that the state constructed and used for the flight training sites of air forces combat planes
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