부당이득금
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
The court's explanation of this case is identical to the reasoning of the judgment of the first instance except for the addition of the following items after the seventh 19 of the judgment of the first instance, thereby admitting this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplement] (4) The plaintiffs claim the amount of rent from the owners who do not move around the land of this case for the installation and possession of the steel tower and the power transmission line as in this case, and there is increase in rent for the failure to move to the ship through the contract for the alteration of superficies or the establishment of divided superficies. Accordingly, the plaintiffs claim that the plaintiffs are at considerable disadvantage compared to the owners of the adjacent land of this case. However, the case where the plaintiffs claim that the amount of rent increase through the contract for the alteration of superficies or the establishment of divided superficies is limited to all areas within the scope necessary for the installation and possession of power transmission lines on the ground and over the airspace of the land in addition to the steel tower site, the amount of rent increase by the plaintiffs' claim is limited to the amount of rent for the steel tower site at the time of the initial contract for superficies, but the amount of rent for the portion not going to move to the ship was calculated separately, or the Seoul Central District Court 2012Ga5404 and No. 921 decided Dec. 10, 2013.
6. See Supreme Court Decision 2012Na92618 Decided January 2, 201, it is inappropriate to apply the instant case to which the rise in land price has increased due to a change of land category after the establishment of the superficies in the instant case, in addition to the steel tower site at the time of establishing the superficies in the instant case.
In conclusion, the plaintiffs' claim of this case shall be dismissed in entirety as it is without merit, and the judgment of the court of first instance shall be delivered with this conclusion.