토지일시사용등지위보전가처분
2013Kahap10027 Provisional Disposition to preserve status, such as temporary use of land
A person shall be appointed.
Attorney Lee Jae-tae, Counsel for the plaintiff-appellant
1. B
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February 6, 2014
1. All of the instant applications are dismissed.
2. The costs of lawsuit shall be borne by the obligee.
1. With respect to the construction work of 154kV - Fullle 1 electric transmission line (hereinafter referred to as the “construction work of this case”).
a creditor,
(a) A table of drawings 1 in annexed Form 2 among the debtor B, C, and C, the alternative forest in Ulsan-gu, Ulsan-gu, the area of which is located, 107, and 286 meters;
If a ship connects each point of the Si 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1 in sequence:
Part 2: Comparing each point of the same map indicating 13, 14, 15, 16, and 13 in sequence, among the square meters of 815 meters
The remainder 2, 598 square meters, other than 217 square meters in the steel tower in the ship, shall be the material storage yard and temporary passage;
B. Attached 2 Map 1, 2 in the annexed Form 77, 815, 815, of the forest land in Ulsan-do alternative forest land owned by the debtor E;
3 The same part of the registry of a ship which connects each point in sequence of 3, 4, 5, 6, 7, 8, and 1, which is about 1,784 meters in length.
326 square meters in the steel tower which connects each point of 9, 10, 11, 12, and 9 with the indication of drawings;
excluding the remainder 1, 458 square meters as a material yard and a temporary passage;
(c) The indication of the attached Form 2 drawings among the forest land 3,235 square meters in the alternative forest land in Ulsan-gu, the debtor B, C, and D, Ulsan-gu;
13. A temporary passage with a part of 17 square meters caused by a disaster in the ship that connects each point of 14, 15, 16, and 13 in sequence.
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D. Attached 3 Map 1, among the 10, 116 square meters of the forest in Ulsan-dong, Ulsan-dong, Ulsan-do, the debtor F, the forest in the area of 10 square meters belonging to the debtor F;
2 The same part among the part D in a ship which connects each point of 2, 3, 4, 5, 6, 7, 8, and 1 in sequence, 1,739 square meters;
section 9, 10, 11, 12, and 9 of the drawings, the steel tower site in order to connect each point of which is 290
the remainder 1, 449 m except m, as a material storage yard and a temporary passage;
(e) the indication 1, 2 of the annexed Form 4 in the calculation of the following specifications among the forest land 91, 298m in Ulsan-dong, Ulsan-dong, Ulsan-dong, G, the debtor G;
3 The same part of the total of 2,292 meters in the ship connecting each point in sequence of 3, 4, 5, 6, 7, 8, and 1, which is about 2,00 square meters.
326 of the steel tower site in the order that connects each point of 9, 10, 11, 12, and 9 with drawings marking 9, 10, 12, and 9
the remainder 1, 966 m as a material yard and temporary passage, except for the remainder 1, 966m;
F. Attached 5 Map 1, 2, among the 14,281m2 in the forest land in Ulsan-gu, Ulsan-gu, Ulsan-do, the debtor's ownership:
3. The same shall apply to the portion of 1,527 square meters inboard connecting each point of 3,4,5,6, 7, 8, 9, and 1 in sequence.
section 10, 11, 12, 13, and 10, the steel tower site in order to connect each point of which is indicated in drawings
245 square meters remaining 1,282 square meters, excluding 245 square meters, as a material storage yard and a temporary passage:
Temporary designation shall be made to the position in which each temporary use is available.
2. The creditor is required to use the part of the land under Paragraph 1 (hereinafter referred to as the "land of this case").
In case of trees, soil, stones, and other obstacles may be altered or removed.
3.The enforcement officer shall publicly notify the purport of the above order in a proper manner.
The obligee asserted the cause of the instant application, and the obligee, upon the Central Land Expropriation Committee’s decision on July 18, 2013, intended to establish a workplace and a temporary passage in the vicinity of the site for transmission steel. However, the obligor filed an objection or administrative litigation against the said decision to use the instant land by preventing the obligee’s temporary use of the instant land and preventing the obligor from doing so and future debtors are anticipated to interfere with the construction of this case. Thus, the obligee’s filing of an objection or administrative litigation against the decision to use the instant land is recognized by the law as a remedy procedure against the unlawful and unfair judgment by the relevant landowner. Accordingly, taking the remedy procedure against the decision to use the instant land by the obligor cannot be deemed as a legitimate exercise of the right, and it cannot be deemed that the obligor interferes with the construction of the instant land, and no other evidence exists to prove that the obligee’s right to use the instant land is likely to be interfered with.
Furthermore, a provisional disposition to determine a temporary position as in the instant case is recognized only in cases where the person having the right of provisional disposition is to avoid present damages or prevent imminent spreading until the right relationship becomes final and conclusive by the lawsuit on the merits. Thus, there is no interference with the construction of the instant case by the debtor, and the creditor seems to have filed the instant application in order to prevent the obstruction of construction of the instant case which may occur in the future, and it is difficult to see that there is an urgent need by making the overall circumstances shown in the examination, including the fact that the consultation on the use of the instant land was held between the creditor and the debtor after the instant application.
Therefore, the motion of this case by the creditor is dismissed as it is without merit. It is so decided as per Disposition.
The presiding judge shall have jurisdiction over the red lines
Judges Park Jae-hoon
Judges Park Jae-young