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(영문) 대전지방법원 2015.04.16 2014구합4452

사업인정취소 등

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Circumstances of each disposition of this case;

A. On July 6, 1996, the defendant Korea Electric Power Corporation obtained approval from the Minister of Trade, Industry and Energy for the execution plan for electric power resource development business, and completed the plan on January 22, 1996 on December 30, 1999 after starting the electric transmission line construction for the Siljin-si and Seosan-si area.

B. The Plaintiff owned the instant real estate, and the said transmission line passed through the airspace above part of the instant real estate.

C. Accordingly, the Plaintiff filed a lawsuit against the Defendant Korea Electric Power Corporation seeking removal of power transmission lines that pass through the real estate airspace of this case as Seosan Branch of Daejeon District Court 2000da7099, and received a favorable judgment against the said court to remove the said power transmission lines and pay unjust enrichment equivalent to the rent by the date of removal of the said power transmission lines. Accordingly, the Defendant Korea Electric Power Corporation appealed and appealed, but all of the appeals were dismissed, and the said judgment of the first instance court became final and conclusive.

On November 6, 2008, the Minister of Land, Transport and Maritime Affairs recognized that the electric power source development business that Defendant Korea Electric Power Corporation supplies electricity using the ground space of the instant land as the site through which transmission lines pass falls under the public works provided for in subparagraphs 2 and 8 of Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”), and made a public announcement of the project approval (hereinafter “instant project approval disposition”) to the Ministry of Land, Transport and Maritime Affairs B on November 11, 2008.

E. Although Defendant Korea Electric Power Corporation had agreed with the Plaintiff to use the public space of the instant land incorporated into the said project, it applied for the adjudication on the use of the instant land to the Regional Land Expropriation Committee of Chungcheongnam-do, Chungcheongnam-do, which did not reach an agreement. Accordingly, on September 21, 2009, the Chungcheongnam-do Regional Land Expropriation Committee of Chungcheongnam-do, as of October 20, 2009, applied for the commencement date of use of the instant land to be paid to the Plaintiff by Defendant Korea Electric Power Corporation.