1. From November 30, 2014 to the Plaintiff, the Defendants indicated the Plaintiff’s cadastral survey room in the attached Form D, Gangwon-do Incheon-do Incheon-gun.

1. Basic facts

A. The Plaintiff owns the land of 3,206 square meters in Gangwon-do (hereinafter “instant land”) and E forest 2,869 square meters, and owns solar power generation projects on that ground; Defendant B owned solar power generation projects; Defendant B owned F, G, and H land; and Defendant C owns J, K, L, M land (hereinafter “Defendant’s land”) through a common name, and operates a solar power generation project under the name of “N”.

B. Electricity lines are required to be supplied with electricity necessary for solar power generation and the management of solar power facilities, and to supply electricity produced from solar power facilities to the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”). ① Electric wires are installed on the instant land to connect electric lines from Korea Electric Power Corporation, and ② Electric wires connected to solar power facilities on the Defendants’ land in the said utility poles are currently being used, as indicated in the attached drawing, at the underground of 87 square meters in width, 1.5 meters in depth, and 58 meters in length, among the instant land.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 4 and 6, the purport of the whole pleadings

2. Determination:

A. The gist of the Plaintiff’s assertion asserts that the Defendants installed solar power facilities on the Defendants’ land without the Plaintiff’s consent and laid electricity lines on the instant land owned by themselves from November 30, 2014, and used them without permission. The Defendants asserted that the Defendants should remove the said electricity lines, deliver the relevant part of the land, and pay the Plaintiff unjust enrichment equivalent to the rent in proportion to KRW 2.50,000 per month from November 30, 2014 to the date of delivery of the said land.

B. As to the claim for the removal of electric tracks and delivery of land, the Defendants asserted that the electric tracks connected to the instant land by the Defendants to solar power facilities are laid underground according to an agreement with the Plaintiff, and thus, the Plaintiff cannot comply with the Plaintiff’s removal and delivery of land.

Modernity, the basis of the facts.