토지수용재결처분 무효 확인 등 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On March 4, 2001, the Korea Electric Power Corporation (hereinafter referred to as the “Korea Electric Power Corporation”) installed a high voltage power transmission line leading to the center of the said land without the Plaintiff’s consent (hereinafter referred to as “instant power transmission line”) with respect to B forest land No. 18,816 square meters (hereinafter referred to as “instant land”).
On May 24, 2002, the Plaintiff filed a lawsuit against the Korea Electric Power Company seeking the removal of the power transmission lines of this case and the return of unjust enrichment equivalent to the rental fee, as Seoul Central District Court Decision 2002Da136973.
On December 11, 2003, the above court accepted the Plaintiff’s assertion and rendered a decision to remove the power transmission line of this case to Korea Electric Power Co., Ltd., and ordered the Korea Electric Power Co., Ltd. to pay unjust enrichment equivalent to the rent of divided superficies over the part that is restricted from the use of the land of this case due to the installation of the power transmission line or that it is impossible to use the land for any other purpose, and the appeal and appeal of the Korea Electric Power Co., Ltd. are all dismissed (Seoul High Court Decisions 2004Na53632, Dec. 22, 2004; 2005Da6266, Mar. 25, 2005).
(2) On January 18, 2006, Korea Electric Power Co., Ltd. (hereinafter “the final judgment of this case”) obtained the final judgment of the Supreme Court ordering the removal of the power transmission line of this case, and applied for the approval of the implementation plan for electric power resource development business for the purpose of securing the right to use the power transmission line of this case.
After receiving the above notification, Korea Electric Power filed an application for the ruling on the use of the instant land with the Jeju Special Self-Governing Province Regional Land Expropriation Committee on December 26, 2006.
On June 26, 2008, the local Land Tribunal of Jeju Special Self-Governing Province sentenced the Supreme Court's decision to remove transmission lines for the plaintiff on June 26, 2008 to notify that the decision of use is not possible.
Meanwhile, based on the above judgment, the Plaintiff removed the instant transmission line to the Seoul Central District Court C on August 31, 2011.