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(영문) 울산지방법원 2015.11.13 2014가단26018

손실보상금

Text

1. The part concerning the claim for increase in compensation for losses in the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

3.

Reasons

1. Facts of recognition;

A. On November 29, 2011, the Plaintiff completed the registration of ownership transfer on February 2, 201, with respect to B forest land No. 11504 square meters (hereinafter “instant forest”).

B. On July 17, 2014, the Central Land Tribunal rendered a ruling on the use of the C Electric Power Resource Development Business (D Electric Power Resource Development Business) as follows (hereinafter “instant ruling”). The Plaintiff was served with the written ruling on July 25, 2014.

1) The Defendant, a project developer, is the D Electric Transmission Line for the said project (hereinafter “instant Electric Transmission Line”).

(ii) The date of commencement of the use of the site not pre-paid or steel tower site is used and the compensation for losses is KRW 2,307,483,050; ii) will be September 10, 2014; and the period of use will be from the date of commencement of the use to the date of existence of the electric structure.

C. Of the instant forest land, 1256 square meters (hereinafter “the instant forest”) was included in the instant judgment on the part of the operator of the electric transmission line, and the compensation for losses for the instant non-ship in accordance with the said judgment is KRW 5,966,00.

On September 4, 2014, the Defendant deposited the amount calculated by deducting the source tax from the above compensation amount, on the ground that the Plaintiff refused to receive the above compensation for losses, as the deposit money from the Ulsan District Court No. 3120, Sept. 4, 2014.

E. On September 12, 2014, the Defendant completed the registration of the establishment of divided superficies with respect to the instant forest.

(a) Purpose: 5,966,00 won in land for the duration of the air space between 30 and 50 meters in the area above the ground surface of 1256 square meters in which the center line of the land passes: 4) 5,96,00 won in case of land for the duration of the transmission line;

F. On August 13, 2014, the Plaintiff filed a lawsuit seeking the cancellation of the instant adjudication against the Central Land Expropriation Committee as Seoul Administrative Court 2014Guhap15016.

The Seoul Administrative Court rendered the instant case on March 19, 2015.