1. The instant lawsuit shall be dismissed.

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

Basic Facts

The Defendant is the implementer of the “C Project” (hereinafter “instant project”). The Defendant established an implementation plan for electric source development business pursuant to Article 5(1) of the Electric Power Source Development Promotion Act and obtained approval from the Minister of Trade, Industry and Energy, and the Minister of Trade, Industry and Energy publicly announced the plan (No. D, October 29, 2015).

The Plaintiff, as the owner of the plot of land, such as Gangnam-si E, has cultivated crops in the above land. As 12 parcels of land were incorporated into the instant project zone, the Plaintiff received compensation, etc. from the Defendant for the acquisition of consultation.

The Plaintiff requested the Defendant to compensate for the agricultural machinery listed in the attached list (hereinafter “the agricultural machinery of this case”) excluded from the subject of compensation, but the Defendant rejected the request.

The plaintiff's assertion of the purport of the whole pleadings and records in Gap's Nos. 1 and 2 (including a branch number, if any, hereinafter the same shall apply), Eul's evidence Nos. 1, and Eul's assertion of the purport of the whole pleadings, through an appraisal of compensation for the agricultural machinery of this case, has not been paid to the plaintiff, even though the compensation amount is set at KRW 37,430,000.

Therefore, the Defendant is obligated to pay the Plaintiff compensation of KRW 37,430,000 and damages for delay for the agricultural machinery of this case.

Article 6-2(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) provides that an electric source developer may expropriate or use land, etc. necessary for the electric source development business, and Article 6-2(3) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor provides that in applying paragraph (1) of the same Article, the approval of the execution plan and the approval of the modification thereto and the announcement thereof under Article 5 shall be deemed to have been granted or made.

Article 77 (2) of the Land Compensation Act shall apply to farmland for losses incurred by agriculture.