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(영문) 광주지방법원 2014.07.17 2012구합4760
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) A project approval and public notice of project implementation plan - project name: 154kV Nab-Ydong electric transmission line construction project (hereinafter referred to as the "project in this case"): Defendant - project operator: 32,137km in length, steel tower 98 (2 line 96, 4 line 2) in the project area - The location, area, and location of the project area - The location, area, and area of the project area - the daily source and area in the Gwangju Metropolitan City, Gwangju Metropolitan City: 512,218 square meters (21,427 square meters in steel tower, 490,791 square meters): April 26, 2007 - Public notice of the implementation plan for electric power resource development project on April 19, 2007 (Public notice of the Ordinance of the Ministry of Commerce, Industry and Energy No. 2007-54)

B. The Plaintiff’s status, around August 2005, purchased B large 227 square meters (hereinafter “instant land”) and C large 678 square meters (hereinafter “instant land”) located within the instant project section, and constructed a Korean-style house, a water life hall, a public room, etc. on the ground upon obtaining a construction permit on around March 2008, and operates a public room, etc. while residing in the instant house.

C. On June 27, 2012, the Defendant acquired divided superficies on the instant land by expropriation, and completed the registration of the establishment of divided superficies as follows.

- The cause of registration: The establishment and ownership of the business operator of the instant case on June 20, 2012 - The scope of ownership: the air space between 21m through 53m on the ground of 97m2m2 on the surface of the land in which the power transmission line passes - the period during which the power transmission line survives - The period during which the power transmission line survives - The land rent of KRW 2,52,00 [based on recognition] does not dispute, Gap evidence 1 through 3, Eul evidence 5 and 6, and the purport of the entire pleadings, as a whole.

2. The plaintiff's assertion and relevant statutes

A. The Plaintiff’s assertion that this case’s transmission line was passed on the roof, such as the Han-style Housing and Gong bank, which invested the entire properties on the instant land, and constructed on the instant land. According to the result of the commission of appraisal by the appraiser D of the Electromagnetic court on the high voltage transmission line, electromagnetic waves are electric waves with a frequency exceeding 9 kHz, and waves are at the speed of light.

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