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(영문) 부산지방법원 2014.11.27 2014가합42120

고압송전탑철거청구 등

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1. The defendant against the plaintiff A,

(a) An indication transmission tower in the attached Form 1, which is installed on the ground of 20,407 square meters of forests and fields D in Ulsan-gun, Ulsan-gun.

Reasons

1. Facts of recognition;

A. Plaintiff A purchased D Forest land 20,407 square meters (hereinafter “instant forest”) in Ulsan-gun, Ulsan-gun, Ulsan-gu, Ulsan-gu, 1985 and completed the registration of ownership transfer, and owned it up to the present day. Plaintiff B and C purchased 1/2 shares of each of the instant forest land 26,178 square meters (hereinafter “instant forest land”) in Ulsan-gun, Ulsan-gu, Ulsan Metropolitan City around 1976, and completed the registration of ownership transfer, and they owned it up to the present.

B. The Defendant, around 1978, installed at will the transmission tower and the transmission line (hereinafter “the instant transmission facility”) on each of the instant forests and fields, and used and managed it until now.

C. The area occupied by the power transmission tower in the instant forest land is 28 square meters, and the area occupied by the power transmission line is 1,801 square meters, and the sum of the rent for the site for the said transmission tower and the rent for the said station from April 1, 2004 to August 28, 2014 is 1,852,640 won (i.e., the rent for the site for the power transmission tower is 1,74,240 won), and the annual rent for the year 2014 is 14,30 won per annum for the site for the said transmission tower and 230,160 won per annum for the ship.

In the instant land No. 2, the area occupied by the power transmission line in the instant forest is 1,263 square meters, and the sum of rent for the said line from April 1, 2004 to August 28, 2014 is KRW 1,223,170, and annual rent for the year 2014 is KRW 161,410.

[Ground for Recognition: Facts without dispute, entry of Eul evidence 1, result of appraiser F's appraisal of rent, purport of whole pleadings]

2. Determination on the request for removal

A. According to the above facts finding as to the cause of the claim, since the defendant arbitrarily installed the transmission facilities of this case on each forest of this case, thereby infringing on the plaintiffs' ownership, the defendant is obligated to remove the transmission facilities of this case.

B. The defendant's assertion and judgment 1 are the same for more than 35 years since the construction of the power transmission facilities of this case by the plaintiffs.