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(영문) 서울행정법원 2017.08.17 2017구단54077
토지사용재결처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On June 2, 2014, Korea Electric Power Corporation’s land use relation D Forest land use 111,867 square meters (hereinafter below referred to as “instant land”) was owned by the father E of the Plaintiffs. On May 28, 2014, the ownership transfer registration was made on the grounds of donation on May 28, 2014 with respect to each of the 1/3 shares to the Plaintiffs.

Korea Electric Power Corporation has installed, used, and managed transmission towers and transmission lines on the 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 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.

After that, on December 10, 2015, the Ministry of Trade, Industry and Energy's announcement was changed to H.

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 of use on May 23, 2016.

On August 25, 2016, the Defendant rendered a ruling to use the instant land with the following contents.

① Among the instant land, superficies on a steel tower site of 64 square meters and superficies on a sectional superficies of 12-45 square meters over the airspace above 12-45 meters:

On January 19, 2017, the Defendant rendered a ruling to change the amount of compensation to KRW 261,330 for superficies, KRW 6,136,270 for divided superficies, and KRW 6,397,60 for each of the Plaintiffs, respectively.

[Reasons for Recognition]

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