지상물철거 등
1. The plaintiff's appeal and the claim added in the trial are dismissed, respectively.
2. The costs of the lawsuit after the appeal are filed.
1. The reasoning for the court’s explanation as to this case is as follows, except for the following determination as to the claim for return of additional unjust enrichment in the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In determining the claim for restitution of unjust enrichment, the Plaintiff sought restitution of unjust enrichment calculated at a rate of 20% per annum as to the Defendant’s possession and use of the power transmission line on each of the land of this case, which is calculated by installing the power transmission line on the land of this case.
However, the Defendant acquired the right to use and possess the airspace over which transmission lines are installed among each land of this case through the ruling on the use of the land of this case, and as a result, deposited 31,494,150 won with respect to the land of this case and 5,502,00 won with respect to the land of this case and 2, as seen earlier, it cannot be deemed that the Defendant gains profits without any legal ground by installing and using the above transmission lines.
Therefore, there is no reason for the plaintiff to claim this part.
3. The plaintiff's claim is dismissed in its entirety as it is without merit, and the judgment of the court of first instance is just in its conclusion, and all additional claims are dismissed in the plaintiff's appeal and the court of first instance. It is so decided as per Disposition.