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(영문) 서울행정법원 2018.06.22 2017구합81380
수용재결취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: Electric source development business (B) - Business name (hereinafter referred to as “instant business”): Korea Electric Power Corporation - Public notice of Korea Electric Power Corporation - C (hereinafter referred to as “public notice of this case”) on December 10, 2015;

B. Defendant’s ruling of use on August 10, 2017 (hereinafter “the instant ruling of use”): The Plaintiff’s 274m2 (hereinafter “instant land”) and 7-34m2 in the space above the 274m2 (hereinafter “instant order”) among the Gyeonggi-gun D (hereinafter “instant land”), and the divided superficies - the period of use: From October 3, 2017 (the starting date of use) to the remainder of the facility - Compensation for losses: 780,900m2 (=2,850m2 x 274m2) [based on recognition]; the Plaintiff’s 1-2 and 2-34m2; and the purport of the entire pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Since the power transmission line installed on the line of the instant case is installed without the Plaintiff’s consent, it should be removed. 2) Since the power transmission line is capable of underground relaying, it is unlawful to permanently use the instant line as a site for the power transmission line.

Establishment of divided superficies on the instant land is an excessive infringement on the Plaintiff’s property right.

3) The Defendant’s amount of compensation calculated is unlawful to determine the amount of compensation on a yearly basis or for a certain period of time, and to permanently calculate the amount of compensation.

5) Therefore, the ruling of use of this case must be revoked. (B) Even if there was a fact that the land subject to use was used without title before the ruling of use was rendered, it is separate from seeking the return of civil damages or unjust enrichment against the project implementer on the ground of this, and such circumstance alone cannot be deemed unlawful (see Supreme Court Decision 98Du6081, Jul. 28, 200). Thus, the Korea Electric Power Corporation prior to the ruling of use of this case.

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