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(영문) 대구지방법원 2019.01.09 2018구합24195
토지사용재결처분취소
Text

1. On April 12, 2018, the Defendant committed against the Plaintiff on April 12, 2018, with respect to the forest land 72,198 square meters in Nam-gu, Nam-gu, Seoul Special Metropolitan City.

Reasons

1. Details of ruling;

(a) According to Article 16(1)1 of the Act on the Management and Administration of State Forests (amended by Act No. 14357, Dec. 2, 2016), the Plaintiff (the competent authority): A state forest that needs conservation for the public interest, such as securing forest forests, developing forestry technologies, and conducting academic research; a state forest that needs conservation for the public interest, such as the protection of historical relics, places of origin, monuments, tangible cultural heritage; conservation of ecosystems; and protection of water sources, and other state forests prescribed by Presidential Decree that need conservation as state forests.

Before being amended by Act No. 14357, Dec. 2, 2016, the foregoing Act classified state forests into “permanent state forests” and “non-permanent state forests,” and the term was changed into “permanent state forests” and “non-permanent state forests.”

As administrative property, it is the owner of 72,198m2 (hereinafter referred to as “the instant forest”) in Nam-gu, Nam-gu, Nam-gu, Seoul Special Metropolitan City Seogsan 99m2 (hereinafter referred to as “instant forest”).

(b) The Korea Electric Power Corporation has been approved by the Minister of Knowledge Economy (the Minister of Trade, Industry and Energy) in accordance with Article 5(1) of the Electric Power Source Development Promotion Act in order to implement the electric power source development project (154kV - the second unit).

C. On August 28, 2012, the Minister of Knowledge Economy publicly announced the approval of the above execution plan pursuant to Article 5(5) of the Electric Power Source Development Promotion Act.

(Public Notice of Ministry of Knowledge Economy No. 2012-204).

The Korea Electric Power Corporation consulted with the Minister of the Korea Forest Service to use the forest of this case, but did not reach an agreement, applied for a ruling of use to the Defendant.

E. On April 12, 2018, the Defendant rendered a ruling of use to the Plaintiff as follows:

(hereinafter “instant adjudication”). 1. The Korea Electric Power Corporation uses the instant forest for electric power resource development business, and the compensation for losses amounting to KRW 1,115,010.

2. The date of commencement of use shall be June 7, 2018, and the period of use shall be the same.

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