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(영문) 창원지방법원 밀양지원 2017.02.07 2016가단10348
보상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Korea Electric Power Corporation (hereinafter referred to as the “Korea Electric Power”) operated the electric transmission facilities for the supply of electricity to the Hanyang-si, including the J Village in Pyang-si.

On December 31, 2012, the Defendant, as a non-legal entity foundation comprised of J village residents, selected development committee members comprised of six members, including K, etc. (hereinafter “J village development committee members”), and around February 2013, the J village development committee members drafted a written agreement with the purport that “Korea Electric Power and the J village development committee members shall pay KRW 110 million for local special compensation project expenses in order to compensate for property and mental harm incurred from the construction of transmission facilities to J village residents, and the J village residents shall actively cooperate with the smooth promotion of the installation of transmission facilities and terminate collective civil petitions (hereinafter “instant agreement”).

The main contents relating to this case in the above agreement shall be as follows:

1. In order to preserve property and mental harm generated in the course of construction of transmission facilities to J village residents and to smoothly implement construction works with the cooperation of residents, the Korea Development Agency in Busan High-do shall assist the residents of J village in cost of KRW 110,000,000 for local special support projects;

Village Joint Business Contents: 80 million won per household: 27.9% (310 million won)

2. Among the expenses for local special support projects, the implementation, operation, and follow-up management of the community joint project shall be implemented on the responsibility of the residents, and the Korean Electric Power shall study the project plans concerning the details of the project, implementation plans, performance guarantee, etc., and divide them into retainers, part payments, balance, etc. and pay the local special support

After the review according to the Ordinance of the Ministry, it shall be deposited into the head of a Tong (the Joint Names of at least five residents, including village representatives, or the head of a Tong recognized by residents) opened by the residents' side, and when the rate of payment by each household and the person eligible for payment are determined in the village, the bank of the agreement on account transfer transactions

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