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(영문) 서울행정법원 2018.02.08 2017구단62719
수용재결취소등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs in relation to the land use of the Korea Electric Power Corporation shared the instant forest.

Korea Electric Power Corporation has installed and managed five power transmission towers (No. 14 to 18) and transmission lines on the forest land of this case.

B. The Korea Electric Power Corporation established an implementation plan for electric power resource development business pursuant to Article 5(1) of the Electric Power Source Development Promotion Act in order to implement the electric power resource development business [F] (hereinafter “instant business”), and obtained approval from the Minister of Trade, Industry and Energy, and announced as G public notification of the Ministry of Trade, Industry and Energy on March 30, 2015.

C. The Korea Electric Power Corporation, the project implementer of the Defendant’s ruling, attempted to consult with the owners, including the Plaintiffs for the use of the land incorporated into the instant project, but did not reach an agreement, and applied for the Defendant’s ruling

On April 13, 2017, the Defendant rendered a ruling on the use of the instant forest as follows.

① Among the instant land, superficies on a steel tower site of 539 square meters, superficies on a building site of 15-28 square meters over which transmission lines pass. (2) The date of commencement of use: From June 6, 2017 to the date of commencement of use: The date of commencement of use: 4: The period of compensation: superficies on a steel tower site of 5,950 square meters; 5,950 square meters; 1,600 square meters per unit of divided superficies over a power line of transmission lines; the fact that there is no dispute over a building site

2. Summary of the plaintiffs' assertion

A. The illegal plaintiffs of the consultation procedure demanded the Korea Electric Power Corporation, a project implementer, to relocate the transmission steel tower on the forest of this case or to transfer at least one transmission steel tower located on the access road to the forest of this case several times. However, the Korea Electric Power Corporation tried to disregard the Plaintiffs’ transfer demands and to only consult on compensation for losses.

In addition, the plaintiff A did not properly notify the compensation guidance documents.

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