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(영문) 서울중앙지방법원 2015.10.23 2015가합1968

부당이득금반환등

Text

1. The defendant,

A. As to each of the above money and each of the above money stated in the separate sheet 1 of the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of each land indicated in the separate sheet 1 “owned land” column in the separate sheet (hereinafter “each land of this case”).

Plaintiff

In the case of the remaining plaintiffs except D, the "period of possession" in the list 2 was set up by the defendant on the day following the last day of the land.

The defendant has installed a steel tower or a high voltage processing and transmission line over each land of this case, and owns and manages it.

B. The size of each of the instant lands (the size of the land vertically corresponding to the vertical range of three meters from both the outer lines of the transmission line to the horizontal range of three meters) is as indicated in the list 1 “low sea area”.

(However, in the case of Plaintiff A, it is a numerical value including eight square meters in the steel tower site; hereinafter “instant damaged area”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 2 (including the number of pages), Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, the result of the appraiser F’s appraisal, the purport of the whole pleadings.

2. Determination as to the cause of claim

A. According to the above facts of recognition that the obligation to return unjust enrichment occurred, the Defendant, who owned and used the transmission line on the ground of each of the instant lands owned by the Plaintiffs, obtained the benefits equivalent to the rent of divided superficies corresponding to the area detrimental to the instant area without any legal grounds. Accordingly, the Plaintiffs suffered damages equivalent to the same amount.

Therefore, the Defendant is obligated to return to the Plaintiffs the unjust enrichment equivalent to the above rent as a result of the Plaintiff’s occupation and use without permission, such as failing to do so from January 17, 2005, which was sought from the date of acquiring the ownership of each real estate of this case (Provided, That with respect to GJ 329 square meters, from July 21, 2006, which is the date of acquisition of ownership, for the land owned by the Plaintiff C), and the legal interest equivalent to 5% per annum under Article 748(2) of the Civil Act

Plaintiff

In the case of the remaining plaintiffs except D, a list 1.1, a day before the establishment of divided superficies for the use of each transmission line, etc. to the defendant.