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(영문) 수원지방법원 2018.12.13 2018구합730
수용재결처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

(a) Business authorization and public notice - Business name: Electric source development business [B] - Business operator: Korea Electric Power Corporation - Public notice of business approval: The Korea Electric Power Resource Corporation - Public notice of approval of the implementation plan for electric source development business (hereinafter “public notice of this case”) announced by the Ministry of Trade, Industry and Energy on June 10, 2015;

B. The Central Land Tribunal’s ruling on the use of the instant land on July 13, 2017 (hereinafter “the instant ruling on the use”) - The superficies of an area equivalent to 67 square meters of a steel tower site (hereinafter “instant steel tower site”) to be used as a steel tower site among the superficies of 24,595 square meters (hereinafter “instant land”) owned by the Plaintiff (hereinafter “instant land”)

C. The Central Land Tribunal rendered an objection on March 22, 2018 (hereinafter “instant objection”) - Compensation for losses (1,219,400 won: 2: 17,236,800 won: - In the instant objection, the amount equivalent to the land rent of the instant steel site was calculated as KRW 18,200 per month, and the amount equivalent to the land rent of the instant steel site was calculated as KRW 5,400 per month.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The Plaintiff’s assertion (1) The Korea Electric Power Corporation carries out the instant project without having to undergo a public hearing before the approval of the implementation plan of the instant project is granted. As such, the instant project is being carried out through an unlawful procedure.

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