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(영문) 서울중앙지방법원 2015.07.23 2014가합549296

부당이득금

Text

1. The defendant shall pay to the plaintiff KRW 111,545,214 and KRW 93,087,00 among them, from May 16, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On July 19, 2005, the Plaintiff acquired each ownership of the instant real estate 2, 4 real estate (the real estate remaining in the wife population in Gyeonggi-do, was divided into 2, 4 real estate on February 11, 2008) listed in the attached Table 1, 1, 2, and 4 real estate listed in the attached Table 1, 2, and 1, 4 on December 28, 2005 (the real estate of this case was divided into 476-2, 1491 square meters in the area of the wife population in Gyeonggi-do, Gyeonggi-do, and 476-2, 1491 square meters in the area of the land of this case on February 11, 2008, hereinafter each real estate listed in the attached Table 1 was divided into 3,5 real estate listed in the attached Table 1, 208.

B. Since before the Plaintiff acquired the ownership of each real estate of this case, the Defendant has installed 154kv special high voltage transmission lines in the ground space of each real estate of this case without title and has been used and managed until now (hereinafter “the instant land-based transmission lines”). In the case of this case, the area of the portion occupied by the instant transmission lines in each real estate of this case (hereinafter “the instant portion”). In accordance with Article 90-2(2)1 of the Electric Utility Act, for the use of the ground space within the scope of adding 3 meters in horizontally from both sides of the transmission lines to the area of the land corresponding to vertical area.

The number of real estate listed in the attached Table 1 is 514 square meters in the case of real estate, 199 square meters in the case of real estate, 401 square meters in the case of real estate 3 real estate, 295 square meters in the case of real estate 4, and 13 square meters in the case of real estate 5

C. According to Article 67 of the Electric Utility Act, Article 43 of the Enforcement Decree of the same Act, and Article 4 of the Technical Standards for Electric Installations (Notice of the Ministry of Trade, Industry and Energy No. 2015-26) Article 126(1)3 of the Standards for Determination of Technical Standards for Electric Equipment (Notice of the Ministry of Trade, Industry and Energy No. 2015-44) where special high voltage processing electric wires, such as the power transmission line of this case, exceed 35 km in basic distance, the distance from the structure plus 15 cm in every 10km v.