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(영문) 서울중앙지방법원 2017.02.03 2014가합62959

부당이득금반환

Text

1. The defendant,

A. The Plaintiff A’s KRW 990,919 and its related KRW 5% per annum from January 20, 2015 to February 3, 2017.

Reasons

1. Basic facts

A. Before January 1, 2005, the Defendant had installed and owned electric transmission lines over the pertinent land and the airspace in the column for “owned land” listed in the separate sheet No. 1, which is owned by the Plaintiffs.

B. On January 1, 2005 or on June 10, 2016, the “the initial date of calculation of unjust enrichment” in the above list on which the Plaintiffs acquired ownership (including co-ownership shares) of the pertinent land and the rent on the airspace above the pertinent land from the pertinent date to June 10, 2016, which is the basic date of calculation, is as stated in the “amount of unjust enrichment recognition” in the above list

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-2 through 8, 10 through 12, 14-2, appraiser I's appraisal result, the whole purport of pleading

2. As to the claim for unjust enrichment

A. According to the above facts, the defendant obtained unjust enrichment equivalent to the rent by occupying the airspace in the land owned by the plaintiffs through the installation and ownership of transmission lines.

Therefore, the defendant is obligated to pay the corresponding amount and damages for delay as stated in the separate sheet No. 1 in the unjust enrichment to the plaintiffs.

However, in the case of Plaintiff F and H, there is a minor difference between the claimed amount and the recognized amount, which shall be judged separately below.

B. In light of Plaintiff F’s statement No. 11 and the overall purport of the pleadings as a result of the appraiser I’s appraisal, Plaintiff F owned the above land after completing the registration of ownership transfer on September 9, 1998, and completed the registration of ownership transfer on the 1,322 square meters of JT land in Thai-si in Thai-si (hereinafter “I”) and completed the registration of ownership transfer on April 27, 2012. ② The Defendant installed and owned transmission lines over 102 square meters of the above land from January 1, 2005 to the air space above the above land (Attachment 1 List No. 6). The “annual rent” in the above 2005-202 square meters above the above 102 square meters can be acknowledged as having the same facts as the amount indicated in the corresponding column.

The annual fee recognition amount 1205 104,913 won 104,913 won 2006 118,067 won 118,067 won 3207 134,827 won 134.