변상금부과처분취소
1. The Defendant’s disposition of imposition of KRW 8,793,930 of indemnity against the Plaintiff on March 17, 2015 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff, as a part of the electric power resource development business on March 14, 201, installed two steel towers for transmission and two power transmission lines and two electric transmission lines for transmission on a single unit of the total area of 281-1 forest land and 351,175 square meters in Socheon-gun, Gyeonggi-do, Seoul Special Metropolitan City, and 281 forest land and 1,713 square meters in each of the instant forest and fields (in the following, each of the instant forest and fields), which are established under the Korea Electric Power Corporation Act.
B. On March 17, 2015, the Defendant disposed of KRW 20,352 square meters (12,552 square meters of forest land 351,175 square meters, and 7,800 square meters of forest land 281 square meters of forest land 281,713 square meters, among 1,713 square meters of forest land in the same Ri), among each of the instant forest land, without permission, pursuant to Article 72 of the State Property Act, for the steel site from July 1, 201 to December 31, 2012, and for the steel site from January 1, 2013 to January 20, 2015, the Defendant disposed of KRW 8,793,93,930 of the State Property Act (hereinafter referred to as the “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2 through 4, Eul evidence 1, the purport of whole pleadings
2. Determination on the legitimacy of the disposition
A. (1) The Plaintiff’s assertion (1) obtained approval from the Minister of Knowledge Economy in installing transmission towers and transmission lines on the land of each of the instant forests on March 2011. In light of the fact that: (a) the Minister of Knowledge Economy approved the implementation plan for electric power resource development business; (b) the details of the business and the area of the land where the transmission towers and the transmission lines are to be installed; and (c) the public announcement was made through the Official Gazette; and (d) the Minister of Administration of each of the instant forests obtained permission for the use of and profit from State property for the purpose of opening temporary access roads to install the steel tower and the transmission lines in each of the instant forests and forests and using the instant forests for piling materials.