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1. The Defendant’s KRW 7,575,380 as well as 5% per annum from June 1, 2010 to February 26, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 27, 200, the Plaintiff completed the registration of ownership transfer based on inheritance on August 17, 1986 with respect to B forest No. 25,167 square meters (hereinafter “the instant land”).
B. The Defendant has installed and managed a power transmission line (use voltage 154,00V) over the airspace of the instant land, where the Plaintiff had succeeded to the instant land from before the other boundary line of the instant land, and the said steel tower installed and operated a power transmission line (use voltage 154,00 V) over the airspace of the instant land, and the steel tower site is 43 square meters in total, and 3,766 square meters in total for a power transmission line (3m from the outside of the power transmission line) in total.
C. From March 1, 2004 to May 31, 2010, the amount equivalent to the rent for the said steel tower site is KRW 307,350, and the amount equivalent to the rent for the said steel station site is KRW 7,268,030.
[Ground of recognition] A.1, 2, 3, 3, 3 of an appraiser C’s appraisal result, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant, without any legal ground, installed steel tower and power transmission line on the instant land owned by the Plaintiff and occupied and used the steel tower site and the power transmission line site, and accordingly, was subject to restrictions on the use and profit-making of the instant land. Thus, the Defendant, as the owner of the instant land, is obligated to pay to the Plaintiff 7,575,380 won (i.e., 307,350 won (= 307,350 won 7,268,030 won) and damages for delay calculated at the annual rate of 20% per annum as stipulated in the Civil Act from June 1, 2010 until February 26, 2014, which is the delivery date of the complaint of this case, from the next day to the day of full payment.
3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.