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(영문) 서울중앙지방법원 2014.07.08 2013나50700
배전선로철거 등
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and all of the plaintiff's claims corresponding to the revocation part shall be revoked.

Reasons

1. Facts of recognition;

A. The plaintiff is an operator of the electric sales business under the Electric Utility Act, and the defendant is supplied with electricity from the plaintiff.

B. On April 6, 2011, the Defendant sent a letter to the Sungdong Branch, stating that “The Defendant applied for the change of the supply point of the subway No. 2 from the subway stations operated by the Defendant to the Plaintiff’s salary power transformation stations by means of installing electric power facilities within the power station of the Plaintiff’s salary-gun Power Station.”

(hereinafter referred to as the “instant application”) C.

Accordingly, on June 1, 201, the plaintiff Sungdong Branch sent to the defendant a written request for facility charges with the following contents attached.

The installation charges of KRW 70,131,330 (the installation charges of KRW 67,545,760, the installation charges of KRW 2,585,570) shall be paid.

In principle, KRW 46,818,860 for the guarantee period from June 201 to May 2061 should be paid at the time of concluding a rental agreement, in principle, for the guarantee period from 50 years to 50 years.

The management fee for the lease of electricity facilities is expected to be claimed in January 2012 as a lump sum payment of the amount equivalent to 50 years of the lease period.

After paying the sum of the above facility charges of KRW 70,131,30, the electricity-gu lease agreement was concluded separately with the plaintiff Seoul Seoul Headquarters's power transmission operation team (A), and the management expenses may be changed according to the price fluctuation each year.

On June 23, 2011, the Defendant paid to the Plaintiff the total sum of KRW 70,131,330.

E. On July 21, 2011, the Seoul Southern Headquarters requested a reply after review by sending the “Written Agreement on the Lease of the Electric Power Source of the earth and the Electric Power Source” dated July 20, 201, where the Plaintiff leased the power districts owned by the Plaintiff to the Defendant, and the Defendant is able to bear the deposit and the management expenses of the power districts.

F. At the time, in addition to the issue of concluding the lease agreement upon the instant application, the Plaintiff and the Defendant were against the power plant owned by the Plaintiff.

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