토지사용재결처분취소
1. The plaintiff's primary claim against the Central Land Expropriation Committee is dismissed.
2. The defendant Korea Electric Power Corporation.
1. Details of ruling;
(a) Business authorization and public notice - Electric Source Development Business [B, Third (hereinafter referred to as the “instant business”);
- Approval of an execution plan for electric power resource development business (Ministry of Trade, Industry and Energy notification C) on December 10, 2015
(b) The Central Land Tribunal’s ruling on May 10, 2018 - A project implementer: Defendant Korea Electric Power Corporation - The Korea Electric Power Corporation - the land to be used (hereinafter “instant land”) D ED DF H - The date of commencement of use: 47,089,050 won on July 4, 2018
(c) Defendant Central Land Tribunal’s ruling on objection on November 22, 2018 - Compensation for losses: the fact that there is no dispute over KRW 48,265,50 (based on recognition), entry in the evidence A1 through 3, and purport of the whole pleadings;
2. Judgment on the main claim
A. The summary of the Plaintiff’s assertion is that the Korea Electric Power Corporation could have used the instant land, which had been leased and used from the Plaintiff for a long time, as well as the surrounding land, through a contract with the Plaintiff. However, without such an effort, applied for a ruling of use of the instant land and the instant ruling was rendered without such efforts, and is unlawful against the principle of proportionality, etc.
B. Article 50(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that a project approval authority shall be entrusted with the determination of the public interest of the project that belongs to the primary stage of expropriation and use, and the specific decision of expropriation and use thereafter shall be divided into two minutes to the Land Tribunal for the determination of the public interest of the project. Article 50(1) of the Land Compensation Act restricts matters to be decided by the Land Tribunal.
In addition to the purpose and characteristics of the project approval system under the Land Compensation Act, the Land Tribunal is not able to implement the project in its function, i.e., to make it impossible unless the project approval is revoked by administrative litigation.