사용료반환
1. The plaintiff
A. Defendant A shall pay KRW 95,577 and a rate of KRW 15% per annum from September 9, 2017 to the date of complete payment.
1. Facts of recognition;
A. In order to install and change major systems that supply electricity to the area C, the Plaintiff promoted the H Transmission Line Construction Project (hereinafter “instant Project”) that installs the transmission tower and the power transmission line in the area of the Gu, Dong, E, F, Myeon, Jeoncheon-si, Jeoncheon-si, Jeoncheon-si.
B. The Plaintiff entered into a contract to establish divided superficies (hereinafter “instant contract”) for the use of transmission lines planned to lapse the above airspace with the deceased J, the land owner in the instant project area, and paid KRW 5,591,280 to the Deceased as land rent.
The Defendants are the deceased’s successors.
C. However, as a result of the examination of the power generation of electric power stations, in the event that electric power transmission lines are constructed in accordance with the instant business, it has been analyzed that it is impossible for neighboring electric transmission lines to temporarily stop electricity transportation at the same time, or it is highly likely that the electric power transmission lines are difficult to maintain the voltage of nearby electric transmission lines, and that the electric power transmission lines are likely to occur and to fall down.
Accordingly, on November 2015, the Plaintiff revoked the plan to install the transmission line, and terminated the contract with the operator of the electric transmission line, and notified the landowner, including the Defendants, of the recovery of compensation and the termination of superficies.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 8, the purport of the whole pleadings
2. In light of the following circumstances acknowledged by Gap's evidence Nos. 3, 5, 6, 8, 9, and 10 as to the cause of the claim, the contract establishing the divided superficies of this case is determined as a condition suspending the plaintiff's use of the airspace above the land and the airspace above the land.
- If the power transmission line is not installed, the divided superficies of this case is not worth any value to the plaintiff, and the situation that the purpose or motive of the plaintiff to conclude the contract to establish the divided superficies of this case is the installation and use of the power transmission line is land owners.