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(영문) 서울고등법원 2014.10.16 2014누47336
사용재결결정취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the addition or replacement of a part of the judgment of the first instance as set forth in the following paragraph (2). Thus, this is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

(a) Part 4 of Part 2, “A project to secure the title not to select 345kV B transmission line” was incorporated into “345kV B B transmission line title securing project.”

B. On the third and third sides, the application for the instant decision on the use of the instant case filed by the Korea Electric Power Corporation shall be null and void. Accordingly, the instant decision on the use of the instant case shall be deemed unlawful.

(c) following the 6th page 11’s “relevant civil action,” add “(the Daegu District Court, the Daegu District Court, the Korea Electric Power Corporation, the Daegu District Court, the 2012 Gohap510, the compensation for losses, etc.)”.

Under the 6th page, the "Invalidity" of the first sentence shall be construed as "illegal".

(e)the date of commencement of expropriation in Part VII shall be calculated on the date of commencement of use as “the date of commencement of use”;

3. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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