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(영문) 서울고등법원 2016.12.16 2015누72452
손실보상금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case is that the Plaintiff, who is an electric source developer, was adjudicated to expropriate and use part of the land owned by the Plaintiff to acquire or use the electric facilities for the electricity business, based on the Electric Source Development Promotion Act, sought compensation for losses due to the decrease in the price of the remaining land based on Article 6-2 of the Electric Source Development Promotion Act and Article 73 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), by asserting that the Plaintiff, who is an electric source developer, was adjudicated to expropriate and use the land based on the Electric Source Development Promotion Act, has reduced the price of remaining

The first instance judgment dismissed the Plaintiff’s claim on the ground that it cannot be deemed that the Plaintiff’s partial acquisition of the Plaintiff’s land through a land expropriation by the Defendant did not cause a fall in value on the remaining land, and the Plaintiff appealed against this.

[Attachment of the relevant Acts and subordinate statutes]

B. The premise fact 【Evidence 【A, 5, 6, 7, and 8-1, 2, 9, and 10 of the entire pleadings, and the purport of the whole pleadings. (i) The Plaintiff is a person who was expropriated part of the land due to the electric source development business, which is a public service business performed by the Defendant, and the Defendant is an electric source developer, who is a public corporation established pursuant to the Korea Electric Power Corporation Act, for the purpose of promoting the development of electric power and contributing to the national economic development.

The defendant's approval and notification of the implementation plan for the electric source development business of Dol-si shall meet the demand for new power due to the creation of the K new city and Pyeongtaek-si L, and shall organize two parts at the 154kV M substation within Pyeongtaek-si L with the aim of stable electric power supply.

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