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(영문) 서울중앙지방법원 2012.08.14 2011가합3270

자재비 등

Text

1. The Defendant (Counterclaim Plaintiff) B Co., Ltd. is the Plaintiff (Counterclaim Defendant).

(a) KRW 392,51,665 among them and KRW 73,661,665 among them;

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The Plaintiff is a corporation established under the Korea Electric Power Corporation Act for the purpose of promoting the development of electric power sources and contributing to the stabilization of demand and supply of electricity and contributing to the national economy by promoting the rational operation of the electric power generation business. Defendant A Co., Ltd. (hereinafter “Defendant C”) is a corporation operating D, which is a golf course located in Yeongdeungpo-gu, Young-si, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a corporation operating E, which is a golf course located in the same Gu, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is an affiliate belonging to the F Group with Defendant A and C, and the G Co., Ltd., a farming company (hereinafter “G”) is a farming company established for the management of nearby farmland in the Republic of Korea, and H (hereinafter “H”) is a person who obtained a collateral trust for the land transferred to the steel tower and the land transferred from the Defendant C.

B. Around 2004, the Plaintiff promoted the construction project of 345kV L-M tracks in preparation for the demand for electricity according to the large-scale development plan in the south-do area (I and J). Of these, when the plan was established that part of the transmission n orO lines in the attached Form 5 drawings passes through D’s airspace, Defendant A, who is the operator of D, filed a civil petition for changing the plan to the extent that the above 345kVV transmission lines pass through the offline on May 2004, the Plaintiff consulted with the Defendant A about the adjustment of the height of the steel tower and the change of progress for the prompt resolution and completion of the construction project.

C. On June 2, 2004, the Plaintiff and Defendant A, instead of allowing the above 345kV transmission lines to pass through the airspace around D, according to the original Plaintiff’s plan, have gone through the airspace operated by Defendant C adjacent to D, which was operated by Defendant C, and among the 154kV L transmission lines, set up the steel tower number Q-Rho steel tower and the power transmission lines as the outer range of the golf course (hereinafter “instant relocation construction”).