1. As to the real estate listed in the attached Table 1, the Defendant did not indicate the attached cadastral outline on 806 square meters from the Plaintiff.

1. Basic facts

A. On December 30, 1990, the Plaintiff donated 3507 square meters (hereinafter “instant land”) from Nonparty B, Yong-gun, Yong-gun, Jeonnam-gun (hereinafter “instant land”) and completed the registration of ownership transfer on November 10, 2006.

B. On the ground and over the airspace of the instant land, a special high voltage processing cable of 154kV from around 1992 (hereinafter “instant transmission line”) is installed, which is owned and managed by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is to gain profits from the part of occupying the airspace above the instant land by installing the instant transmission line on the airspace above the instant land, and thereby, to the Plaintiff incurred losses of KRW 15,065,30 due to a decline in the value of the instant land, and thus, the Defendant shall pay KRW 22,509,100 to the Plaintiff as unjust enrichment at the same time upon receiving the registration of the establishment of divided superficies from the Plaintiff.

B. According to the facts as seen earlier prior to the occurrence of the right to claim restitution of unjust enrichment, the Defendant, without any legal ground, is obligated to pay the Plaintiff the amount of unjust enrichment equivalent to the rent, given that the Defendant, by installing the electric transmission line and occupying and using part of the air above the instant land, obtained profit equivalent to the rent corresponding to the divided superficies on the area of the instant land, and thereby, incurred loss to the Plaintiff.

(c) If the owner of land is restricted from using the land by allowing high voltage lines to pass over the airspace above the land within the scope of return of unjust enrichment, the owner of the land shall return the amount equivalent to the rent for the airspace above the airspace in which the use of the said cable is restricted, except in extenuating circumstances.