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(영문) 인천지방법원 2015.12.09 2014가합5346

부당이득금반환

Text

1. The Defendant: KRW 1,257,801,853 to the Plaintiff; and KRW 5% per annum from October 31, 2015 to December 9, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The relationship 1) The parties concerned (1) ① The Plaintiff was established for the purpose of housing redevelopment project on approximately 64,800 square meters for approximately 64,800 square meters in Bupyeong-gu Incheon Metropolitan Government, and was established upon authorization from the head of Bupyeong-gu Incheon Metropolitan Government on May 11, 2009, and < Amended by Act No. 9577, Feb. 2, 200

(D) A reconstruction project for approximately 8,989 square meters of five parcels outside the Incheon Bupyeong-gu, Incheon, (hereinafter collectively referred to as the “instant project”).

On July 14, 200, the association is established with the approval of the establishment of the housing association from the head of Bupyeong-gu, Incheon. 200. 2) The defendant, around 1977, performed the E-transmission Construction Project from Incheon/P to Western Seoul/S, installed one power transmission tower (hereinafter “the transmission tower of this case”) connected to the above transmission tower (hereinafter “the transmission tower of this case”) and the transmission line (hereinafter “the transmission line of this case”) connected to the above transmission tower, and owned and managed it.

The transmission steel tower of this case was located inside the land subject to the business of the non-party union, and the transmission line connected to the transmission steel tower was under the airspace above the land subject to the business of the non-party union and the plaintiff.

B. On June 19, 2001, the non-party union established the transmission tower and the transmission line relocation business between the Defendant and the non-party union. The non-party union established the transmission tower and the transmission line in its business cooperation with the Defendant, but the expenses for the construction shall be borne by the non-party union and the non-party union shall not raise any civil objection (No. 2; hereinafter referred to as the “instant agreement”).

(2) On November 20, 2001, the head of the Incheon Bupyeong-gu would remove 2 power transmission towers and newly establish 4 power transmission towers as follows in order to relocate the power transmission towers and the power transmission lines installed within the land subject to the non-party partnership's business.