1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Details, etc. of ruling;

A. 1) The Plaintiff filed a lawsuit claiming restitution of unjust enrichment (hereinafter “instant land”) and 101,554m2 (hereinafter “instant land”) in Yannam-dong, Yannam-si.

(2) The Plaintiff filed a lawsuit seeking restitution of unjust enrichment against the Defendant under Seoul Northern District Court 2009Gahap9007, on the ground that the Plaintiff installed the transmission tower and the power transmission line of 345kV voltage (hereinafter “instant power transmission line”) on the instant land and occupied and used the above ground section (hereinafter “previous lawsuit”).

3) On October 28, 2010, the Seoul Northern District Court rendered a decision that the Defendant occupied the portion above 70m2 on the land of this case on the ground that the power transmission tower site and the portion above 7,917m2 on the ground that the use voltage of 345mV in the electrical equipment technology standard is 13.72m, and the statutory transition distance is 7.65m, on the ground that the Defendant possessed the above portion above 7.65m2 on the ground that the above portion above 7,917m2 is 7.65m2 from both sides of the instant power transmission line, and sentenced the Defendant to order the Defendant to pay unjust enrichment equivalent to the rent for each of the above possession. (b) The above decision became final and conclusive around that time. The Minister of Knowledge Economy’s approval and notice 1 of the implementation plan for the business from January 28, 2011 to December 1, 2012, notified the project operator to secure the title of the electric power transmission line (hereinafter “16m”).

Accordingly, among the land in the instant case, five square meters of the site for the transmission tower (hereinafter “instant site”) and the area between 21 and 43 meters of the airspace in the 4,888 square meters and the airspace in the 4,088 square meters, which is not lineed with the instant transmission line (hereinafter “instant land”) were incorporated into land to be used for the instant business.

(hereinafter referred to as the “land to be used in the instant case”) 2.