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(영문) 대전지방법원 2016.10.13 2015구합106089
전원개발사업 실시계획 승인처분 취소청구 등
Text

1. The plaintiff's action against the primary defendant shall be dismissed.

2. Preliminary Defendant: KRW 235,006 and its amount.

Reasons

1. Basic facts and details of the ruling;

A. On May 31, 200, the Plaintiff completed the registration of ownership transfer with respect to B forest No. 34,512 square meters in Chungcheongbuk-gun.

B. On June 24, 2014, 201, 200 square meters of B forest land in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do (hereinafter “B forest land before subdivision”) were divided and the size of the forest is changed several times, and the name of the change of the administrative district was changed.

C. Meanwhile, prior to the Plaintiff’s acquisition of ownership of the land prior to subdivision, Defendant Korea Electric Power Corporation has used part of the land prior to subdivision (hereinafter “site for transmission, etc.”) as the place where transmission towers are laid underground and the line of transmission has not been set.

On April 2, 2012, the Plaintiff filed a lawsuit against the Defendant Korea Electric Power Corporation to the effect that “the transmission tower and the power transmission line located on the part of the land prior to subdivision (total area of 6,600 square meters) are removed, deliver the area laid underground and the part not transmitting the power transmission tower, and return unjust enrichment equivalent to the rent for not transmitting the area laid underground and the power transmission line,” with the judgment in favor of the Defendant Electric Power Corporation on October 11, 2013, and the said judgment became final and conclusive around that time.

1. The Defendant Korea Electric Power Corporation removes the transmission towers, laid underground lines, and power transmission lines located on the land, including the site laid underground transmission towers, and delivers the said land to the Plaintiff.

2. From July 2, 2012, the Defendant Korea Electric Power Corporation paid to the Plaintiff money calculated by the Plaintiff at the rate of KRW 46,180 per month from the date of loss of the Plaintiff’s ownership to the date of termination of the Plaintiff’s possession or the date of termination of the Defendant Electric Power Corporation’s possession.

3. The plaintiff's remaining claims are dismissed.

E. Around February 2014, Defendant Korea Electric Power Corporation applied for the approval of the implementation plan for electric power resource development business regarding the “C Electric Power Line Title Securing Business” (hereinafter “instant business”). On November 28, 2014, the Minister of Trade, Industry and Energy approved the instant implementation plan on November 28, 2014. Of the land before subdivision in the instant project.

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