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The defendant shall calculate 738,800 won to the plaintiff and 12% per annum from August 21, 2020 to the day of complete payment.
Reasons
1. Details of ruling;
A. The Defendant established an implementation plan for the “B Electric Powerline Construction Business” (hereinafter “instant business”), which is an electric power resource development business, and obtained approval from the Minister of Trade, Industry and Energy, and the Minister of Trade, Industry and Energy publicly announced the plan on June 25, 2018.
(Public Notice of Ministry of Trade, Industry and Energy).
The Plaintiff is the owner of the Gwangju Mine-gu D 1299 square meters and E 75 square meters (hereinafter referred to as “each land”) located within the area where the instant project is implemented.
C. The Defendant agreed with the Plaintiff for the acquisition of public space from 15m to 58m of the airspace above 736m of the ground surface of D land to be incorporated in the instant project (hereinafter “instant steel tower site”), but filed an application for the adjudication of expropriation and use with the Central Land Expropriation Committee as it did not reach agreement.
On July 11, 2019, the Central Land Tribunal accepted the instant steel tower site for the instant project, used the instant steel tower (the divided superficies of 15-85m) (the divided superficies of 15-8m), and deposited compensation for losses for the Plaintiff at KRW 25,278,50 (=the divided superficies of KRW 19,136,00 on the instant steel tower site of KRW 6,142,50 on the ground surface surface right of KRW 19,136,50 on the instant steel tower site of KRW 19,142,50 on the date the expropriation and use began; hereinafter “instant expropriation and use ruling”), and the Defendant deposited compensation for losses for the Plaintiff at that time.
E. The result of the court’s appraisal commission (hereinafter “court’s appraisal”) was calculated as KRW 19,724,800 for the compensation for the instant divided superficies and KRW 6,292,50 for the compensation for the instant steel site.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 and 2, the result of the request for appraisal by this court, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is justified as to the land divided by divided superficies and steel tower sites on which the ship of this case did not take place.