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(영문) 광주지방법원 2018.06.07 2016구합12677
토지사용이의재결처분취소 등
Text

1. The plaintiff's action against the Korea Electric Power Corporation shall be dismissed.

2. The Plaintiff’s Central Land Expropriation Committee.

Reasons

1. Details, etc. of ruling;

A. On February 8, 1993, the Plaintiff, including the ownership of land, acquired the ownership of the land listed in the Attachment 1 List 2-A (hereinafter “instant land”) and the building listed in the Attachment 1-B (b) (hereinafter “instant building”), and around September 1978, Defendant Korea Electric Power Corporation established part of the instant land and owned and managed it up to the present day. At the time, it did not undergo consultation with the Korea Land and Housing Corporation for purchase or use of or profit from the said site for the transmission tower.

B. Business Approval and Notice - Electric Power Resource Development Business [The second business to secure the title of the Crhetoric Power Transmission Line (hereinafter referred to as the “instant business”).

- - Public Notification D of the Ministry of Trade, Industry and Energy on December 4, 2014 - The Korea Electric Power Corporation

(c) Defendant Central Land Tribunal’s ruling on use on April 21, 2016 - Subject to use: The period of use - The superficies listed in attached Table 1 List (hereinafter “each superficies of this case”) - The period of use: From June 14, 2016 to June 14, 2016 - Compensation: 61,759,700 [the period of compensation for losses = 34,494,700 (the site for transmission towers)]

D. Defendant Central Land Tribunal’s ruling on September 29, 2016 (hereinafter “instant ruling”) - Plaintiff’s assertion: ① expropriation of the instant land and the instant building; ② cancellation of the said ruling on use; ③ Business Compensation; and ③ conclusion: ① Rejection of the instant building; ② Removal of the remainder of the claims; ② Cancellation of the ruling on use; and ③ Rejection of the portion on business compensation.

E. Meanwhile, on May 19, 2016, the Plaintiff continued to file a lawsuit against the Defendant Korea Electric Power Corporation (hereinafter “related lawsuit”) at the appellate court (hereinafter “Seoul District Court Decision 2016Na53707”) on the following grounds: (a) the judgment against the Defendant Korea Electric Power Corporation to the effect that “the said transmission tower and transmission line installed on the instant land is removed, deliver the relevant site, and return unjust enrichment equivalent to the rent.”

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