토지사용동의의사표시 청구의 소
1. The Defendants are “land owned” in attached Table 1 to the Plaintiff in relation to the Aelectric transmission line construction project.
1. Basic facts
A. The Plaintiff is a project implementer for the construction of A Electric Transmission Line (hereinafter “instant construction”). The Defendants are the owners of each land indicated in the text (hereinafter “instant land”).
B. On February 11, 2011, the Plaintiff obtained authorization for an implementation plan for an urban planning facility project for the instant construction from the Gunsan City Mayor. On July 22, 2011, the local Land Tribunal of Jeollabuk-do rendered a ruling to expropriate the steel tower site necessary for the instant construction.
C. The instant construction project is a construction project of 92 power transmission steel towers up to approximately 30.331km in Gunsan-si, E,F, G, and H in order to attract the company of the B B industrial complex and supply the stable electricity of the C industrial complex. In order to construct the power transmission steel tower, to transport power lines and to install the processing boat lines, the instant land in the vicinity of each steel tower shall be used as a material storage yard and a temporary passage, and it is necessary to change or remove trees, soil, stones, and other obstacles.
Article 130 (Access to Land, etc.) (1) The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, the head of a Si/Gun/Gu or the implementer of an urban/Gun planning facility project may, if necessary to perform the following acts, enter another person's land or temporarily use another person's land as a material storage yard or temporary passage, and if particularly necessary, he/she may alter or remove trees, soil, stones, and other obstacles:
(3) Any person intending to temporarily use any third person's land as a material storage yard or temporary passage, or to alter or remove trees, soil, stones, and other obstacles pursuant to paragraph (1) shall obtain consent from the owner, occupant, or manager of the land;
(4) In cases falling under paragraph (3), consent may be obtained because the owner, occupant or manager of the land or obstacles is absent from the site or his/her address or domicile is unknown.