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(영문) 서울중앙지방법원 2017.04.28 2016가합553879

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant’s conclusion of superficies contract is a public corporation established for the purpose of developing, transmitting, distributing and distributing electric power resources, and conducting related business, and the forest land in the Pakistan-gun on February 20, 1990 (hereinafter “instant forest land”).

2) As to the instant superficies contract with Nonparty D who was the owner of the said forest at the time (hereinafter “instant superficies contract”) as follows.

A) A superficies was concluded. Article 1 set up a superficies to the person with superficies for the purpose of constructing and owning electric structures (a steel tower and power transmission line) with respect to the forest and fields owned by him, and Article 2 (1) 12,498,750 won shall be the land rent for this superficies. ② This land rent includes 2,745,00 won for the land on the south of the steel tower site and 9,753,750 won for the land on the south of the steel tower site and 1,445 square meters for the land on the transmission downstream site, and the scope of the creation of superficies is the steel tower site. 2) On March 3, 1990, the Defendant included the forest and fields of this case in “the construction and ownership of the steel tower: the scope of the building and ownership of the steel tower: the period during which the steel tower exists: the period during which the steel tower exists: the period of 122,49,750 won for the land on which the superficies was established; the period of the land on which the superficies was not completed.

3) After that, the Defendant installs a power transmission tower in the instant forest, and manages the said forest by installing a power transmission line over the airspace above the said land. (B) After the Plaintiff’s acquisition of the Plaintiff’s real estate ownership, the instant forest was divided into E forest land E, 2,750 square meters (hereinafter “instant land”). The Plaintiff A and B purchased the instant land from D on August 10, 200, and completed the registration of ownership transfer on August 16, 200 with respect to each of the instant land 1/2 shares.

2. On the other hand, on April 3, 2003, the land category of the instant land was converted into land for factory, and on July 25, 201, the location of the instant land was changed due to the change of the name of the administrative district.