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(영문) 광주고등법원 2019.01.10 2018누4990
토지사용이의재결처분취소 등
Text

1. The plaintiff's appeal is dismissed.

2. The preliminary measure that this Court added to the Korea Electric Power Corporation.

Reasons

1. Details of the instant case

A. The Korea Electric Power Corporation’s land ownership relationship, etc. 1) Defendant Korea Electric Power Corporation’s land listed in [Attachment 1 List 2] around September 1978 (hereinafter “instant land”).

2) On February 8, 1993, the Plaintiff (F Co., Ltd. prior to the change) acquired ownership of the instant land and the buildings indicated in [Attachment 1] List 2 (hereinafter “instant building”) on the following grounds: (a) the Plaintiff did not secure the source of possession by means of purchasing the site for transmission towers, etc. from the owner of the instant land at the time; and (b) the Plaintiff (F) acquired the ownership of the instant building as indicated in [Attachment 1].

B. On December 4, 2014, the Ministry of Trade, Industry and Energy (Ministry of Trade, Industry and Energy) approved and publicly announced an execution plan for electric source development business (hereinafter “instant project”) using the instant land by acquiring superficies listed in attached Table 1 List 1 (hereinafter “each superficies of this case”) from Defendant Korea Electric Power Corporation as the implementer, and using them.

C. Defendant Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) had consulted on the use of each of the superficies of this case with the Plaintiff, but did not reach an agreement, and on September 3, 2015, Defendant Korea Electric Power Corporation applied for the ruling of use to the Korea Electric Power Corporation. The Plaintiff removed the transmission tower, but if removal is impossible, the Plaintiff shall purchase the entire land of this case, and if the removal is not possible, Defendant Korea Electric Power Corporation shall adjust the planned area of the transmission line to the total area of the land of this case and calculate the compensation amount. 2) On April 21, 2016, Defendant Korea Electric Power Corporation rendered a ruling that “the Korea Electric Power Corporation uses the land of this case, and the compensation amount shall be KRW 61,759,700, and the starting date of use shall be June 14, 2016, and the period of use shall be from the starting date of use to the surviving structure.”

(hereinafter “instant Use Ruling”). 3 Defendant Korea Electric Power Corporation on June 14, 2016

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