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(영문) 광주지방법원 2018.03.30 2017나59214
건물등철거
Text

1. The judgment of the court of first instance is modified as follows.

Defendant F Regional Housing Association (Appointed) is the Plaintiff (Appointed Party) 2,317.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party) is each owner of one-half of the five square meters prior to G, 25 square meters prior to H, 154 square meters prior to J, 874 square meters prior to J, 1/2 of the 548 square meters prior to K, Selected D, and 1/2 of the 1,971 square meters prior to L.

B. On August 26, 2013, the Defendant Association obtained approval for housing projects with respect to the land in the North-dong, Gwangju-gu, Gwangju, and entered into an agreement with the Defendant Corporation on the Annexed Construction of Power Transmission Cable (hereinafter the instant agreement) to promote the relocation of transmission towers in the project site.

Pursuant to the above Convention, the Defendant Union, on January 24, 2015, referred to as “temporary transmission facilities” as the general term “temporary transmission towers” and “154kV transmission lines” (hereinafter referred to as “temporary transmission facilities”) from the Plaintiff (Appointeds) and the designated parties.

It was installed on each land listed in the separate sheet No. 1, which is owned as shown in the paragraph, and removed around May 31, 2016, and the Defendant Corporation supplied electricity to neighboring citizens using the temporary transmission equipment during that period.

C. Of the land listed in the separate sheet No. 1, the area of the temporary transmission facilities (hereinafter “instant prior to”) is identical to the entry in the “prepaid area” column in the annexed sheet No. 2, and the ratio of the application of the assessment to the prepaid area during the period from January 24, 2015 to May 31, 2016 (Provided, That with respect to the land listed in the annexed sheet No. 6, the applicable rate 0.27) is applicable to seeking the assessment value of the land that caused the decline by affecting the land price according to the passage of transmission lines. In addition to the basic rate (the method of calculating the low-level utilization rate based on the “Land Compensation Guidelines” in the annexed sheet No. 2, with respect to the extent that the use of the land following the use of the non-lined public portion is hindered in three dimensional, not only the modified rate, but also the compensation rate for losses in accordance with the economic value of the relevant land due to the reduction of the basic transmission line.

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