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(영문) 수원지방법원 안산지원 2018.03.28 2017가단67240
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 50,835,706 and the interest rate of KRW 15% per annum from November 24, 2017 to the date of full payment.

Reasons

1. The Defendant, without going through the compensation procedure in 1994, installed 345kV transmission lines on the ground of each land listed in the separate sheet owned by the Plaintiff’s father B (hereinafter “each land of this case”) and uses it until now without going through the compensation procedure.

Among each land of this case, the area included in the above transmission line is 71 square meters for the land listed in attached Table 1, 1,811 square meters for the land listed in attached Table 2, and 3,921 square meters for the land listed in attached Table 3.

B On May 28, 2010, upon death of May 28, 2010, the inheritors, including the Plaintiff, agreed to divide the inherited property to own each land of this case, including the Defendant’s claim for return of unjust enrichment from the use and profit-making of the ground transmission line of the instant land.

【In light of the fact that there is no dispute, and each of the above facts stated in Gap 1-5 evidence (including the virtual number), the defendant is obligated to return to the plaintiff the amount equivalent to the rent for the incorporated area of the above transmission line from June 29, 2007 to November 20, 2017, which the plaintiff sought, as a result of the construction of the above transmission line, and its interest.

Furthermore, according to the results of the appraisal commission with respect to the amount equivalent to the above rent and the interest thereon, the annual fee from 2007 to 2017 for the area to be incorporated into the transmission line can be recognized as having the same fact as the amount indicated in the annual fee corresponding to the corresponding column in the annual fee calculation table in the attached table. Accordingly, the sum of the rent from June 29, 2007 to November 20, 2017 as indicated in the attached table 86,101, the land listed in the attached table 2,813,09, 41,485,820 for the land listed in the attached table 2, paragraph 3 of the attached table 41,485,820 for the annual rent, and the interest rate calculated from January 1 to 20, 2017 for the pertinent year pursuant to the Civil Act from January 1, 2007 to November 20, 2017.

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