1. The Defendant’s KRW 826,065,492 among the Plaintiff and KRW 110,710,313 among the Plaintiff, shall be KRW 715,355,179.

1. Basic facts

A. On May 11, 1992, the Plaintiff acquired ownership of Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government B large 241.4 square meters (hereinafter “instant land”). From September 7, 2016, the Plaintiff shared the instant land in proportion to C and 1/2 shares.

B. The Defendant, prior to around 190, installed a special high voltage processing and distribution line of 22.9kV’s voltage over the air above the instant land (hereinafter “instant electric wire”), and owned and managed it. The instant electric wire is installed with multiple knowledge of neutronous wire, and it is automatically cut off from the electric line within 2 seconds from the electric line.

C. At around 209, the Plaintiff and D et al. filed a lawsuit against the Defendant for unjust enrichment equivalent to the rent that the Defendant acquired by installing and operating the special high voltage power distribution line of 22.9kV established before around 1990 on each land in the Seoul Central District Court 2009Gahap5717, including the instant land, Jongno-gu Seoul Jongno-gu and Seongdong-gu.

On April 20, 2010, the above court rendered a ruling of recommending reconciliation with the purport that “the defendant shall pay to the plaintiff 180,762,000 won by May 15, 2010,” and the above ruling became final and conclusive on May 8, 2010.

(hereinafter referred to as “previous case”); 【Ground of Recognition】 Facts without any dispute, Gap’s 1 through 5, and Eul’s 1 through 3 (including each number; hereinafter the same shall apply)’s entries, images, and the purport of the whole pleadings.

2. Determination

A. Where a landowner is restricted from using the land over which a high voltage cable passes over the airspace above one land due to the occurrence of the obligation to return unjust enrichment, the landowner shall be punished by unjust enrichment equivalent to the rent for the airspace above the airspace over which the use of the said cable is restricted, unless there exist any special circumstances.