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(영문) 부산지방법원 2018.09.21 2018구합21263
수용재결취소등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

Details of the disposition

The Plaintiff is a medical person who is operating medical facilities with the trade name of “C Hospital” from the 6th floor above the ground that was constructed on the ground of the instant land as the owner of the instant land, even though the instant land had been located in Busan Western-gu, Busan-gu, but was registered conversion into B on August 28, 1995 (hereinafter “instant building”).

Defendant Korea Electric Power Corporation is a project implementer who has carried out electric source development projects (154kVDD's source development projects; hereinafter "the instant projects") to secure legitimate source of use for the electric transmission lines installed in 1982 on the instant land and to establish divided superficies.

The Defendant Korea Electric Power Corporation, at the time of October 1, 1982, concluded a lease agreement with E, who was the owner of the land of this case, on a monthly rent of 4,00,000, and the lease period of 30 square meters among the land of this case as the steel tower duration (hereinafter “instant lease agreement”), and around that time, installed a steel tower on the land of this case and installed the transmission line on the land of this case on its ground.

On June 2, 1994, the land and buildings in this case, and the building permit for the construction of reinforced concrete building on the 6th ground level above the ground level above the ground level above the land in this case was completed on July 14, 1994, and it was approved for use on November 22, 1996.

As to the instant land and buildings, G completed the registration of ownership transfer due to the sale by voluntary auction on April 11, 2008, and thereafter H completed the registration of ownership transfer due to sale on July 28, 2014, and the Plaintiff completed the registration of ownership transfer on December 30, 2014, respectively.

In this case.

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