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(영문) 서울중앙지방법원 2018.01.18 2017가단5072290

부당이득금

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 8, 2008, the Plaintiff is implementing a reconstruction project (hereinafter “instant reconstruction project”) after obtaining authorization for establishment from the head of Nowon-gu in Seoul Special Metropolitan City as a housing reconstruction and improvement project association, project implementation authorization ( August 19, 201), and approval for management and disposal plan (hereinafter “instant reconstruction project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. Defendant 1. KSBC Co., Ltd. (hereinafter “Defendant 1”) and Defendant 2, ELBS Co., Ltd. (hereinafter “Defendant 2”) and Defendant 3, Co., Ltd. (hereinafter “Defendant 3”) are key telecommunications business operators prescribed in each Telecommunications Business Act. As the instant reconstruction project is carried out, it is necessary to remove or remove it in order to prevent the damage of telecommunications facilities installed in the relevant project site. As such, the Plaintiff filed a claim for construction cost for each of the relevant telecommunications facilities removal, etc. on July 7, 2016, and the Plaintiff paid KRW 28,60,000,000 to Defendant 2 Company on the same day, and KRW 26,728,90,000 to Defendant 3 Company on July 5, 2017.

C. Defendant 4. Hybrono Broadcasting Co., Ltd. (hereinafter “Defendant 4”) and Defendant Durves Co., Ltd. (hereinafter “Defendant 5”) are broadcasting business operators that obtained permission for key telecommunications business under each Telecommunications Business Act. For the foregoing reason, the Plaintiff claimed for expenses incurred in removal of the relevant cable lines and equipment, etc., and the Plaintiff paid KRW 15,081,00 to Defendant 4 on July 7, 2016, respectively. < Amended by Act No. 15084, Jul. 5, 2016; Act No. 1984, Jul. 5, 2016>

Defendant 6. The Dae-wheeled Co., Ltd. (hereinafter “Defendant 6”) obtained permission for urban gas business under the Urban Gas Business Act, for the said reasons.