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(영문) 창원지방법원 2017.02.09 2015가단84725

부당이득금

Text

1. The defendant shall be the plaintiff.

A. Attached Form

1. Attached Form on the ground specified in the land;

2. Survey and appraisal shall also be indicated 38, 39, 40, 41, 38.

Reasons

1. Facts of recognition;

A. The plaintiff on September 29, 2009 attached Form

1. After acquiring the ownership of the indicated land (hereinafter “instant land”), the land has been owned until now.

B. The defendant around 1976 attached Form on the ground of the land of this case

2. Installation of an electric transmission steel tower (hereinafter “instant steel tower”) installed in a part 59 square meters in the chain of the ship, which connects each point of 38,39,40,41,38, in sequence, with the survey appraisal map marked 38,39, 40, 41, and 38; and

2. Survey appraisal marks 35 and 43 are installed, owned, and managed by the 15m or 38m or more of the 15m or less of the 154KV high-tension transmission lines (hereinafter “the transmission line of this case”) between B and C substations, which connect each point of the 35 and 44m or more of the 15m or more of the 15m or more of the 154KV high-tension transmission lines (hereinafter “the transmission line of this case”).

[Reasons for Recognition] The descriptions and images of Gap evidence Nos. 1 and 2, the result of this court's commission of appraisal D, the purport of the whole pleadings

2. Determination as to the Plaintiff’s steel tower, the removal of transmission lines, and the claim for the delivery of the site

A. According to the facts of the determination as to the cause of the claim, the Plaintiff’s legitimate exercise of ownership over the instant land is obstructed due to the installation of steel towers and power transmission lines owned by the Defendant, barring any special circumstance, the Defendant is obligated to remove the steel towers and power transmission lines on the ground of the instant land and deliver the part of the site of the said steel tower.

B. The defendant's assertion and judgment (1) The defendant asserts that there was a legitimate right to use since he had obtained consent from the former owner E to use the land of this case and installed steel towers and power transmission lines.

However, there is no evidence to acknowledge the defendant's above assertion, and such assertion cannot be accepted.

(2) The defendant asserts that the plaintiff's purchase with knowledge that a steel tower is installed on the ground of the land of this case was succeeded to the contract that granted the right to use the land to the defendant.

However, there is no evidence to acknowledge the contract that the defendant was granted land use rights.