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(영문) 대전지방법원 2016.11.03 2015구합103233
전원개발산업실시계획승인 무효확인 등
Text

1. All of the plaintiffs' claims against the primary defendant and the conjunctive defendant's claims are dismissed.

2...

Reasons

1. Details of the disposition and ruling;

A. On May 22, 2013, the Minister of Trade, Industry and Energy publicly announced the approval of the implementation plan for the “D Electric Transmission Cable Rights Securing Project” (hereinafter “instant Project”) as the Ministry of Trade, Industry and Energy’s notification C.

(hereinafter referred to as the “instant disposition”). B. The instant disposition of approval for the project

The contents of the instant project are as follows.

1) Name of the business: A project implementer for securing the title of the D Transmission Cable: Defendant Korea Electric Power Corporation’s notification: C publicly notified by the Minister of Trade, Industry and Energy on May 22, 2013.

B. The Defendant Korea Electric Power Corporation agreed with E to use part of F forest land of 13,289 square meters (hereinafter “instant land”) owned by Chungcheongnam-gun, Chungcheongnam-do, and Chungcheongnam-do, which is necessary for the instant project, but did not enter into an agreement. However, the Defendant Korea Electric Power Corporation filed an application for adjudication of expropriation on June 30, 2014.

C. On December 18, 2014, the Plaintiffs completed each registration of ownership transfer on the ground that each of the shares of 1/2 out of the instant land was donated on December 17, 2014.

The project implementer (the Defendant Korea Electric Power Corporation) uses 46 square meters among the instant land for the instant project and 30 through 50 square meters among the instant land (hereinafter collectively referred to as “instant land”), 1,604,300 won among the instant land, and the compensation for losses shall be 1,604,300 won.

The commencement date of use shall be July 14, 2015, and the period of use shall be from the commencement date of use until the existence of electric structures.

On May 21, 2015, the Central Land Tribunal rendered a ruling of expropriation with the following contents:

(hereinafter referred to as “instant expropriation ruling”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. The assertion and judgment

A. The defendant, the main claim of the plaintiffs, the main claim of the Korea Electric Power Corporation, in accordance with the final and conclusive judgment, against E.

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