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(영문) 제주지방법원 2014.08.21 2014가합1351

손해배상(기)

Text

1. The plaintiff, the defendant Jeju Special Self-Governing Province, the defendant 4,246,845 won, the defendant 1,199,793 won and each of the above money.

Reasons

1. Basic facts

A. Around 2006, Defendant Jeju Special Self-Governing Province (hereinafter “Defendant Jeju Special Self-Governing Province”) installed, respectively, a wind power generation transformation room on the ground of 1,550 square meters in Jeju Special Self-Governing Province, which is owned by Defendant B Village Association (hereinafter “Defendant Village Association”), on the ground of 1,550 square meters in Jeju Special Self-Governing Province, on the ground of 883 square meters in Jeju Special Self-Governing Province prior to C, Seoul Special Metropolitan City, 694 square meters in Seoul Special Metropolitan City, and on the ground of 440 square meters in E forest and fields (hereinafter “instant wind power generation facilities”).

B. Of the wind power generation facilities in the instant case, the wind power generation equipment (hereinafter “the wind power generation equipment in this case”) itself is installed on the ground E at Jeju, and the four-dimensional infrastructure for the installation of the wind power generation in this case is installed on the above C, D, and E’s land.

C. Pursuant to the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of Jeju Energy Corporation, an applicant for acquisition is a corporation established on July 4, 2012 for the purpose of facilitating the development, use, dissemination, financial soundness, and public welfare of energy resources of Jeju Special Self-Governing Province, as prescribed by the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of Jeju Energy Corporation. Defendant Jeju-do transferred all facilities and operating rights including the wind power generation plant of this case to the recipient.

Major sources for wind power generation devices of this case are as follows:

Product Model Name: Vestas V52/850 Power generation facility capacity: 850km area that has a direct wind of 52 meters: the area that has a wind of 52 meters: the number of days (46m46m) of 2123.7m (46m) and 3 string: 49m;

E. The Plaintiff is the owner of each real estate indicated in the separate sheet in the attached list, and among the owners of each real estate in Jeju-si, the land of which is 1,038 square meters in G and H forest 1,256 square meters in H forest 1,256 square meters (hereinafter “instant land”) is adjacent to E in Jeju-si where the wind power generation plant in this case is installed.

F. The minimum distance from the point where the wind power generation of this case was installed to the boundary point of the land of this case is 13.18 meters, and the wind power generation of this case is 360∑ 360· 100 m30 m3.

[Grounds for recognition] without dispute;

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