시설물 철거 및 부당이득금 반환 등
1. The Defendants jointly provide the Plaintiff with an appraisal map Nos. 28, 29, 30, 31, 31, among the land size No. 8529, Incheon-gun B forest land No. 8529.
1. Facts of recognition;
A. The Plaintiff is the owner of 1/2 shares out of 8529 square meters of forest B forest land in Incheon Strengthening-gun (hereinafter “instant land”).
B. Around October 2003, Defendant Electric Co., Ltd. (hereinafter “Defendant Electric Co., Ltd”) installed a mobile phone operator (hereinafter “instant electric phone owner”) on the ground of 7m2 in the attached Table No. 1 (hereinafter “instant dispute land”) connected with each point of 28,29,30,31,28 among the instant land, and installed the mobile phone station equipment such as heavy meters, antenna lines, and tracks (hereinafter “communication equipment”) on the ground of 7m2 in the attached Table No. 28,29, 30,31, and 28, and has occupied and used the instant dispute land.
C. Defendant Stecom Co., Ltd. (hereinafter “Defendant Stecom”) entered into an agreement on the joint use of radio station infrastructure between mobile communications companies under Article 35 of the Telecommunications Business Act (hereinafter “instant agreement”), and from November 2007, Defendant Stecom Co., Ltd. installed telecommunications equipment on the instant poles, and up to the present date, Defendant Stecom Co., Ltd. jointly used the instant electric poles with Defendant K, and jointly occupied and used the instant dispute land.
Defendant Lblus Co., Ltd. (hereinafter “Defendant Lblus”) entered into the instant agreement with Defendant K, and from November 2014, Defendant Lblus telecommunications equipment installed in the instant former State from Defendant Lblus to the present date, and jointly occupied and used the instant dispute land when jointly using the instant former State with Defendant K and Eclus Telecom.
[Ground of recognition] The facts without dispute, Gap evidence 2 through Gap evidence 5-3, the records or images of Gap evidence 5-3, the result of the survey and appraisal by the Korean appraiser and Korea appraiser, the purport of the whole pleadings
2. Determination as to removal and request for extradition of the Plaintiff
A. The judgment on the ground of the Plaintiff’s claim is based on the facts of recognition.