Gyeong Jingu Co., Ltd. (Attorneys Jeong Byung-chul et al., Counsel for the defendant-appellant)

Korea Electric Power Corporation (Attorney Park Il-tae, Counsel for defendant-appellant)

EKK LLC (LLC, Kim & Lee LLC, Attorneys Kang Dong-chul et al., Counsel for the defendant-appellant)

Daegu District Court Decision 2009Gahap13099 Decided August 18, 2010

October 27, 2010

1. All appeals filed by the plaintiff and the defendant corporation are dismissed.

2. Of the costs of appeal, the part arising from the Plaintiff’s appeal shall be borne by the Plaintiff, and the part arising from the appeal by Defendant CKKKKK Co., Ltd. shall be borne by the Defendant CKKKK

1. Purport of claim

A. As to Defendant TKKK Co., Ltd.

(1) The primary purport of the claim is to confirm that 1/2 of the transmission lines listed in the [Attachment 2] list (hereinafter “the transmission lines of this case”) are owned by the Plaintiff.

(2) Preliminary claim: Defendant CKK LLC connected the Plaintiff with each point of (105,843.9 square meters on board (attached Form 1 omitted) land of 105,843.9 square meters (attached Form 1), which is located in 2,3,843.9 square meters, and each point of (1) part on board, which is 0.5 square meters on the ground basis and steel poles, 3,4,9,8, and 3 of the same drawings, which are located in 0.9 square meters on board; (2) part on board; (3) part on board, which connects the Plaintiff with each point of (1), 2, 8, 9, 5, 6, 7, and 1; and (4) part on board (3) part on board, which is 8.9 square meters or more on board; (10), 11, 12, 13, or 100 square meters on board; and (1) part on board each of (6) part on board.

B. As to the Defendant Korea Electric Power Corporation

피고 한국전력공사는 원고에게 이 사건 송전선에 154㎸의 전력을 공급하라.

2. Purport of appeal

A. The plaintiff

제1심 판결 중 원고 패소부분을 취소한다. 피고 주식회사 티케이케미칼은 이 사건 송전선 중 1/2 지분이 원고의 소유임을 확인하고, 피고 한국전력공사는 원고에게 이 사건 송전선에 154㎸의 전력을 공급하라.

B. Defendant TKKKK

In the judgment of the court of first instance, the part of the judgment against the defendant corporation, which is revoked, shall be dismissed. The plaintiff's claim against the defendant corporation, which is equivalent to the revoked part, shall be dismissed.

The court's explanation on this case is the same as the statement on the grounds of the judgment of the court of first instance. Thus, it refers to the reasoning of Article 420 of the Civil Procedure Act.

If so, the judgment of the court of first instance is legitimate, and the appeal of the plaintiff and the defendant TKK knife is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges Kim Jong-Un (Presiding Judge)