2018Nu64070 Confirmation of invalidity of compensation business for sites for transmission tracks

A

The Minister of Trade, Industry

Government Law Firm Corporation, Attorney Kim Tae-hoon, Counsel for defendant-appellant

Korea Electric Power Corporation

Government Law Firm Corporation, Attorney Kim Tae-hoon, Counsel for defendant-appellant

Seoul Administrative Court Decision 2018Guhap52693 decided August 31, 2018

January 15, 2019

February 19, 2019

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, shall be borne by the Plaintiff.

The judgment of the court of first instance is revoked. The approval that the defendant's action against the defendant's intervenor's intervenor (hereinafter referred to as the " intervenor")'s action on the plaintiff's land is invalid.

1. Quotation of the first instance judgment

The grounds for the plaintiff's assertion in the trial court are not significantly different from the argument in the trial of the first instance, and the judgment of the first instance court rejecting the plaintiff's assertion even if the evidence submitted in the trial was examined again along with the plaintiff's assertion, is recognized as legitimate.

Therefore, the court's explanation on this case is as follows: the "point" of No. 5 of the judgment of the court of first instance No. 15 was indicated as the "place" of "(No. 16-1) of the adjacent land(No. 142/1408). However, the drawings attached to the application for registration of creation of superficies (No. 8) submitted at the time of the registration of creation of superficies are indicated as "the scope of superficies" in the above part of the superficies was indicated as the same as the existing adjacent land, and it appears that the place where the steel tower of this case was installed was clearly specified from the beginning. However, since the boundary of the land adjacent to the land of this case was confirmed to be used as the site of the said steel tower, the fact that part of the land of this case was delayed, and the fact that the boundary of the land of this case was used as the site of the said steel tower is corrected to the boundary and size of the land in accordance with the boundary survey of this case, and it constitutes a significant and obvious ground to recognize the procedure of the judgment of this case No. 20.

2. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge, appointed judge;

Judge Park Jong-soo

Judges Lee Hyun-woo