logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.10.14 2016구합61235
전원개발사업실시계획승인 무효확인 등
Text

1. The conjunctive claim portion among the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. The supplementary intervenor with regard to the disposition installs a transmission tower without title on part of B forest No. 30,851 square meters (hereinafter “the forest of this case”) in Jinju-si, Jinju-si, which is owned by the Plaintiff, and occupies and manages the transmission tower by linking the air space with the transmission line (hereinafter “the transmission tower of this case”).

On October 14, 2013, the Plaintiff filed a lawsuit against the Intervenor seeking the removal of the above transmission tower and the line of transmission, and received a favorable judgment on May 7, 2015 (Seoul Central District Court 2013dan272585), and the lawsuit is currently pending in the appellate trial.

(Seoul High Court Decision 2015Na29465). The supplementary intervenor filed an application with the Defendant for approval of the business of securing the right to use the forest of this case for the acquisition of the right to use the divided superficies, etc. of the forest of this case, and the Defendant approved the motion of the supplementary intervenor on March 30, 2015 and publicly notified the application.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 2, 4, and 12, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On April 7, 1984, the intervenor in this case (hereinafter “C forest”) is a piece of land, not less than 2,828m2,00 square meters, adjacent to the instant forest and field, which is located in Jinju-si (hereinafter “C forest and field”).

) Around 1984, the power transmission tower and the power transmission line were installed on the ground of the forest of this case (the instant power transmission tower and the power transmission line are the facilities that supply electricity to the area southwest-do, west-do.)

(2) The intervenor did not hear the opinions of residents, etc. before applying for approval of the project to secure the right to use the forest of this case to the defendant.

3 In the case of forests and fields for which the intervenor acquired superficies, since the average gradient exceeds the standard required by the Management of Mountainous Districts Act, no power transmission tower, etc. can be installed from this place. If the transmission tower of this case is removed, the direction of other transmission towers connected with the transmission tower is also all.

arrow