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(영문) 서울중앙지방법원 2016.06.15 2016나10086
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff against the Plaintiff, seeking the removal of high voltage cable owned by the Plaintiff, which was installed on the ground of the 6,402m2 square meters (hereinafter “instant land”) set up on the 6,402m2 in the frontbuk-gun, Seodong-dong, Seodong-ri, Seodong-ri, Seowon-ri, Maddong-si, the Seoul Central District Court 201Gahap84

On November 22, 2011, the above court rendered a ruling to remove the above high-tension cable by accepting the Defendant’s claim, and the above ruling was finalized on September 3, 2012 through the appellate court (Seoul High Court 201Na106114) and the final appeal (Supreme Court 2012Da2006777).

(hereinafter “Final Judgment of this case”). (b)

On October 19, 2011, the Plaintiff applied to the Minister of Knowledge Economy for an implementation plan for electric power resource development business concerning the instant land, and the Minister of Knowledge Economy approved the implementation plan for electric power resource development business from January 5, 2012 to December 2012, and published it in the Official Gazette.

C. On June 5, 2012, the Plaintiff filed an application for adjudication on the instant land with the Central Land Expropriation Committee pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects on the grounds of the said approval. On October 19, 2012, the Central Land Expropriation Committee rendered a ruling that “The Plaintiff (Plaintiff) used the instant land for electric source development business (345kV) and the compensation for losses shall be KRW 2,232,890. The starting date of the use is December 12, 2012, and the period of use of the instant land shall be the period during which the electric structure exists from the starting date of the use thereof (hereinafter “instant adjudication on the use”).

On December 18, 2012, the Plaintiff registered the establishment of divided superficies in the name of the Plaintiff with respect to the instant land on the ground of the instant decision on the use of the electric power lines: A public space between 14m to 34m on the upper part of the 583mm square meters above the surface of the land passing through the power transmission line;

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