1. On January 12, 2015, the Defendant imposed a charge of KRW 499,840 on the Plaintiff for the use of public property in 2015.

1. Details of the disposition;

A. The Plaintiff is installing and operating a “sule transmission line” for the purpose of transmitting electricity (hereinafter “instant transmission line”) from the medium-dong department located in the Jungcheon-si, Seocheon-si to the rice transformation station located in the Seoul Seocheon-dong (hereinafter “Sule”).

B. On January 12, 2015, the Defendant imposed on the Plaintiff the royalty of KRW 49,840 (including value-added tax) for the public property of KRW 49,840 (including value-added tax) of the year 2015, on each of the instant land, on the ground that the instant transmission line passes through the airspace of each of the instant land, 432-2, 441-5, and 441-6, Orcheon-gu, Seocheon-gu, Busan-si (hereinafter “each of the instant land”) in accordance with Article 22 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”).

(hereinafter “Disposition in this case”). / [Grounds for recognition] The entry in Gap’s Evidence Nos. 1, 3, 4, and 8 (including additional evidence) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion constitutes a group of land, which constitutes “furnal as” established under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and thus constitutes a road appurtenances or substantial road zone, and thus, is subject to permission to occupy and use under the Road Act, and as there are special provisions in the Road Act regarding its management, it is not subject to the imposition of usage fees under the Public Property Act.

Therefore, the instant disposition is unlawful on a different premise.

(b) Attached Form of relevant statutes;

C. According to Article 2-2 of the Public Property Act, matters concerning the management and disposal of public property and commodities shall be governed by the Public Property Act, except as otherwise provided in other Acts.

Meanwhile, Article 2 subparagraph 1 of the Road Act is comprised of facilities prescribed by Presidential Decree, such as roads, roadways, sidewalks, bicycle lanes, side roads, tunnels, bridges, and overpasses.