사용재결취소
1. The Plaintiff’s claim for the compensation of the remaining land in the lawsuit against the Korea Electric Power Corporation shall be dismissed.
2. The plaintiff.
1. Details of ruling;
A. The Defendant Korea Electric Power Corporation (hereinafter “Defendant Corporation”) installs and manages a transmission tower (hereinafter “instant transmission tower”) on the ground of 32 square meters of B forest No. 6,065 square meters (hereinafter “the instant forest”) owned by the Plaintiff, and the transmission line (hereinafter “instant transmission line”) on the air space of 14-41 square meters above 808 square meters (hereinafter “instant public space”) without title.
B. 1) On January 5, 2010, the Plaintiff filed a lawsuit against the Defendant Corporation seeking a return of unjust enrichment equivalent to the rent, and received a favorable judgment on September 25, 2015 (Seoul Central District Court Decision 2008Da11591, Seoul Central District Court Decision 2008Da11591, Jun. 25, 2015) that “The Defendant Corporation shall pay to the Plaintiff the rent from September 30, 200 to the legal interest rate of 6,979,926 won, from October 1, 2009 to the date of the removal of the transmission line or the date of loss of Plaintiff’s ownership.” The Plaintiff filed a lawsuit against the Defendant Corporation to remove the transmission tower of this case and deliver its site, and the Plaintiff filed a favorable judgment against the Defendant Corporation on June 25, 2015 (Korean District Court Decision 2014Da3609, Jun. 3609, 2015).
(The District Court 2015Na53941). (c)
Pursuant to Article 5(1) of the Electric Power Source Development Promotion Act, the Defendant Corporation established an implementation plan for the project to secure the title of the 154kV transmission line (hereinafter “instant project”) and obtained approval from the Minister of Trade, Industry and Energy, and the implementation plan was publicly announced on May 22, 2013.
(Public Notice of the Ministry of Trade, Industry and Energy No. 2013-12). The revised implementation plan was announced October 28, 2013.
(Public Notice of the Ministry of Trade, Industry and Energy No. 2013-122, and the Minister of Trade, Industry and Energy’s approval and approval for modification of the above implementation plan are added to “the approval of the project plan of this case”).
Defendant Corporation shall transmit the instant transmission tower.