beta
(영문) 수원지방법원 2017.12.06 2016구합63133

손실보상금

Text

1. The defendant shall be the plaintiff.

(a) KRW 13,201,60 and annual 5% from April 20, 2016 to December 6, 2017; and

Reasons

1. Basic facts

A. On December 6, 2012, the Plaintiff is the owner who completed the registration of ownership transfer with respect to B 1,507 square meters (the previous land category field field field; hereinafter “instant land”). The Defendant installed a special high-tension wire (hereinafter “instant transmission line”) with the voltage of 345 km in the airspace above the instant land in 1983 and manages it until now.

B. On February 14, 2014, pursuant to Article 5(1) of the Electric Power Source Development Promotion Act, the Defendant applied for a ruling on the use of land to be incorporated into the said project as the implementer of the electric power source development project (the second project) publicly notified by the Ministry of Trade, Industry and Energy as C.

C. On February 26, 2016, the Central Land Tribunal rendered a ruling of use of KRW 127,576,000 in accordance with the appraisal results (hereinafter “appraisal”) of the instant land owned by the Plaintiff on April 19, 2016, with respect to the portion of KRW 12-50 square meters in the airspace above 740 square meters (hereinafter “the instant order of use”), among the instant land owned by the Plaintiff (hereinafter “the instant order of use”). The period of use begins from the date of use to the date of the instant order of transmission; and until the period of use to the date the instant order of use remains in existence, the amount of compensation was determined as KRW 127,576,00 according to the appraisal results of the Korea C

Meanwhile, according to the result of the court’s appraisal commission (hereinafter “court appraisal”) on March 3, 2017, the amount of compensation for damages arising from the use of the instant vessel is KRW 140,777,600.

According to the instant decision of use, on April 29, 2016, the establishment registration of divided superficies was completed with respect to the instant land as follows.

The Defendant is a person holding a superficies with a temporary payment of KRW 127,576,00 per annum from the date of commencement of the term of a public space of between 740 square meters and 50 meters, which passes through the above line of the possession of a wooden electric structure (a steel tower and a power line) to the date of existence of the electric structure.