A. On May 1, 2006, Plaintiff B donated C 2,828 square meters (hereinafter “instant land before the instant partition”) prior to the subdivision on May 1, 2006, and completed the registration of ownership transfer on the same day. Plaintiff B donated the instant land from Plaintiff B on March 19, 2015, and completed the registration of ownership transfer on March 23, 2015.

B. Meanwhile, on April 18, 2016, the instant land before the instant partition was divided into the land with a 998 square meters and a D 1,830 square meters (hereinafter “each land after the instant partition”).

C. The Defendant, among the lands listed in the attached Table 1 List A, installs a transmission line (hereinafter “the instant transmission line”) over the airspace above 615 square meters, which does not successively connect each point of the land listed in the attached Table 3 Map 1, 2, 2, 8, and 1 among the land listed in the attached Table 1 List B (hereinafter “instant land”). From among the land listed in the attached Table 1 List B, he/she occupies and manages the transmission line (hereinafter “instant transmission line”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to Plaintiff A’s request for removal of transmission lines and for delivery of land

A. According to the above facts of recognition as to the cause of the claim, since the passage of the power transmission line of this case owned by the Defendant interferes with Plaintiff A’s legitimate exercise of ownership to the land of this case, the Defendant is obligated to remove the power transmission line on the ground of this case and deliver the land of this case, barring special circumstances.

B. On September 7, 2017, the Defendant asserted that the land of this case was adjudicated by the Central Land Expropriation Committee to expropriate and use the land of this case, and deposited compensation for losses therefrom. On October 31, 2017, the Defendant completed the registration of the creation of divided superficies on November 13, 2017 on the land of this case. Accordingly, the Defendant asserted that the Plaintiff’s claim cannot be complied with. 2) review of the judgment, and review of the written evidence Nos. 11, 14, and 16.