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(영문) 서울중앙지방법원 2016.01.28 2015가단5151557
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff by the Seoul Central District Court Decision 201Gahap84514 Decided November 22, 2011.

Reasons

1. Basic facts

A. On August 16, 2011, the Defendant filed a lawsuit against the Plaintiff seeking the removal of a high voltage cable owned by the Plaintiff, which is installed on the ground of the 66-26m2 square meters in the Jeonbuk-gun, Jeonbuk-gun, Seoul Central District Court 201Gahap84514 (hereinafter “instant land”).

On November 22, 2011, the above court rendered a ruling to remove the above high-tension cable by accepting the defendant's claim.

The above judgment was finalized on September 3, 2012 through the appellate court (Seoul High Court 201Na106114) and the final appeal (Supreme Court 2012Da200677).

(hereinafter “Final Judgment of this case”). (b)

On October 19, 2011, the Plaintiff filed an application with the Minister of Knowledge Economy for an execution plan for electric power resource development business concerning the instant land, and the Minister of Knowledge Economy made an approval of execution plan for electric power resource development business on April 5, 2012.

C. On June 5, 2012, the Plaintiff filed an application for adjudication on the instant land with the Central Land Expropriation Committee pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects on the grounds of the said approval. On October 19, 2012, the Central Land Expropriation Committee rendered a ruling that “The Plaintiff (Plaintiff) used the instant land for electric source development business (345kV) and the compensation for losses shall be KRW 2,232,890. The starting date of the use is December 12, 2012, and the period of use of the instant land shall be the period during which the electric structure exists from the starting date of the use thereof (hereinafter “instant adjudication on the use”).

On December 18, 2012, the Plaintiff completed the registration of the establishment of divided superficies under the name of the Plaintiff (the purpose: ownership, maintenance, and repair of transmission lines at Shinnamwon L: the scope: the air space, duration: the period during which transmission lines continue to exist, and rent: 2,232,890 won) with respect to the instant land.

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