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(영문) 서울서부지방법원 2017.05.17 2014가합35983
송전탑철거등
Text

1. The defendant shall be the plaintiff.

A. Of the 25,357 square meters of land for a factory in Ulsan-gu, Ulsan-gu, 14, 15, 16, 17, and 14, each of the annexed drawings.

Reasons

1. Facts of recognition;

A. On August 30, 2013, the Dok-gu Co., Ltd. completed the registration of ownership transfer based on trading on June 18, 2013 with respect to the land for factory A in Ulsan-gu, Ulsan-gu (hereinafter “instant land”).

B. On July 2, 1974, the Defendant set up a steel tower for 154kV transmission line (hereinafter “instant transmission tower”) on the ground of the instant land. Of the above land, the part of (d) part of the ship connecting each point in order of indication 14, 15, 16, 17, and 14 of the attached drawings among the above land (hereinafter “the part of the instant land”) is used as the site for the instant transmission tower, and the Defendant’s transmission line (hereinafter “the instant transmission line”) passes through the airspace of the instant land.

The defendant uses and manages the transmission tower and the transmission line for the operation of the "Ulsan Factory" that produces industrial raw materials, etc. (hereinafter referred to as "Ulsan Factory").

C. According to Article 67 of the Electric Utility Act and Article 43 of the Enforcement Decree thereof, the Minister of Trade, Industry and Energy shall publicly notify the technical standards necessary for the safety management of electric installations, such as preventing hazards or damage to people or other objects from being caused by electric installations, and according to the statutory separation distance provision for a processed cable exceeding 35 kmV prior to the use of “electric equipment technical standards” publicly notified accordingly (Article 126(1)3, etc. of the criteria for the technical standards of electric facilities), the statutory separation distance of the power transmission line, which is 154 km from the use voltage, is 4.78m [=3m (154km - 35 km) x 0.15m].

On the other hand, the site for the transmission tower and the part corresponding to the above statutory separation distance are 419 square meters in part (B)(D) (hereinafter “the part of the instant land”) connected in order to each point of the attached drawing Nos. 12, 13, 4, 5, 6, 7, 11, and 12 among the instant land.

On January 4, 2016, the Plaintiff (hereinafter “the Plaintiff”) was a corporation in the branch.

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