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(영문) 청주지방법원충주지원 2013.09.04 2013가단2156
지상권설정등기말소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are found to be of no dispute between the parties, or to be recognized in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3 and Eul evidence Nos. 1 to 6 (including each number):

A. The Defendant, as a project implementer for the construction of 154kV B steel tower and power transmission line, obtained approval from the Minister of Knowledge Economy on April 28, 2010, and the Minister of Knowledge Economy publicly announced this in the Official Gazette on May 3, 2010.

B. On June 201, the Defendant filed an application for expropriation with the head of Chungcheongbuk-do Regional Land Tribunal for the establishment of superficies and divided superficies on the use of the steel site and the open space in which the transmission steel tower is scheduled to be set up (hereinafter “each land of this case”) among the above construction works, and received a ruling on expropriation (the superficies: superficies) and use (the divided superficies: the divided superficies) (hereinafter “instant ruling”).

C. In the instant adjudication, the amount of compensation against the Plaintiff was determined as KRW 33,168,80 (i.e., KRW 23,628,80, KRW 4830,710,00). The Defendant deposited the Plaintiff as the principal deposit on November 21, 201, the amount of compensation for the Plaintiff’s refusal to receive the compensation was calculated as KRW 31,709,380 (income tax 1,326,750 and resident tax 132,670), which was the amount of withholding tax under the Income Tax Act and the Local Tax Act (income tax 1,326,750 and resident tax 1,32,670) from among the compensation under Article 1106 of the Cheongju District Court’s 2011.

On November 21, 2011, the Defendant completed the registration of creation of superficies on each of the lands listed in paragraphs 2 and 3 of the attached Table on the ground of expropriation on December 30, 201, with the scope of the public space between 21 and 50 meters in the land surface of 9,088 square meters and that of 9,088 square meters in a line passing through the north-west transmission line of the land.

E. The plaintiff is dissatisfied with the judgment of this case.

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