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(영문) 대전고등법원 2018.06.14 2017누14234
수용재결취소등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. In the first instance court, the Plaintiff filed a claim against the Defendant for payment of KRW 50,00,000, which is reasonable compensation against the Korea Electric Power Corporation. The court of first instance rendered a judgment dismissing both the Plaintiff’s claim against the Defendant and the Korea Electric Power Corporation.

Accordingly, the plaintiff appealed only to the part of the judgment of the court of first instance regarding the claim against the defendant, and the scope of the judgment of this court is limited to the claim against the defendant.

2. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the case after dismissal as stated in paragraph (3). Thus, this part of the judgment of the court of first instance which falls under the scope of the above adjudication is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(The grounds alleged by the plaintiff in this Court while filing an appeal are not significantly different from the claims asserted by the plaintiff in the first instance court against the defendant, and even if all the evidence submitted to the court of first instance are examined, the fact-finding and the decision of the first instance is justified). 3. The part written after the dismissal of the first instance court

A. On the third side of the judgment of the court of first instance, “abusing” as “abusing or violating the good faith principle.”

Part 4 of the judgment of the first instance court, Part 8, "A 2," written "A 5 through 7, and Eul 2," written "A 5 through 7," respectively.

On October 31, 2013, the first instance judgment No. 4, 16 through 18, “The mere fact that there was a public announcement of the instant project after filing a lawsuit seeking the removal of transmission lines on the ground of the instant land with respect to the Korea Electric Power Corporation” (Seoul Central District Court 2013Gahap52028, the said court returned the Plaintiff’s claim for removal of transmission lines on February 8, 2018, following the instant ruling by the Korea Electric Power Corporation.

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