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(영문) 창원지방법원밀양지원 2016.09.21 2016가단10492

부당이득금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) implemented the construction of 765kV I Electric Power Cable (hereinafter “instant Electric Power Cable”) in order to jointly enter the power generation power of the reported Li Nuclear Power Power Station into the electric power system and to expand the power facilities for the stable supply of electricity in the border areas between the two Koreas. The Defendants, other than the Plaintiffs and the Defendant Agricultural Cooperatives (hereinafter “Defendant C, etc.”) are the residents of the Jinyang-si, the part of the instant Electric Power Line Construction.

B. In order for residents in the construction section of the instant transmission line to oppose the construction of the instant transmission line on the grounds of property and mental damage, and to discuss the demands of residents as conflicts and conflicts with Han River arise, the “Special Support Council for the Settlement of Intercomponious Interponions” was organized by Han River, the representative of residents, public officials belonging to Yangyang-si, etc. In order to compensate for the property and mental damage of the residents in the past while the construction of the instant transmission line was completed on September 4, 2013, the said Council passed a resolution on the provision on the payment of local special support project expenses for each household (hereinafter “the provision of this case”).

C. Under the instant provision, the subject of the payment of the J Village was determined to be a total of 93 households, including the Plaintiffs and Defendant C, and in J Village, divided a total of 93 households by three Bans, and, if more than one half of the households belonging to one of the following individual teams agree with the Korean War, the Defendant C, etc. selected as a representative of the J Village residents according to these procedures.

On the other hand, the plaintiffs shall participate in the procedure of selecting the representative of J village residents against the agreement with the Han River.