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(영문) 부산지방법원 2018.12.13 2017나45698
송전탑철거등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 14,465,988 won to the plaintiff out of the above amount of KRW 20,160,222.

Reasons

1. Basic facts

A. On December 30, 2014, the Plaintiff acquired ownership of the 41-26 large 6,025 square meters (hereinafter “instant land”) and the 6-story medical facilities on the ground.

B. The Defendant installed and managed the transmission tower and the high-tension transmission line over the ground and the airspace of the instant land (hereinafter “the instant transmission tower”). The instant transmission tower is installed on the ground of the part of 37 square meters inboard connecting each point of 15, 16, 17, 18, and 15 of the instant land in sequence with the point of 15, 16, 17, 18, and 15, and the instant transmission tower is installed on the air line connecting each point of 3,19, and 14, of the said drawings. The instant transmission line is installed on the air line connecting each point of 12, and 8, of the said drawings.

(hereinafter referred to as “the power transmission line of this case” in common referring to the following part of the land below the power transmission line.

On December 2, 2015, the Defendant applied for approval of implementation plan for electric power resource development business to the Minister of Trade, Industry and Energy, and the Minister of Trade, Industry and Energy approved implementation plan for electric power resource development business on March 2016.

(Notice of the Ministry of Trade, Industry and Energy No. 2016-67).

Although the Defendant consulted with the Plaintiff on securing the right to use the site of the transmission tower and the right to use the transmission line, the Defendant applied for adjudication to the Central Land Expropriation Committee as it did not reach an agreement.

On August 10, 2017, the Central Land Tribunal rendered a ruling on the commencement of use of the instant site for transmission towers and the instant site for transmission lines by setting the compensation for losses at KRW 316,935,640, respectively, from October 3, 2017 to October 3, 2017.

E. On September 12, 2017, the Defendant deposited the said KRW 316,935,640 in the Plaintiff’s future, and on October 10, 2017, the purpose of this case’s land is to transmit electric structures.

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