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(영문) 서울중앙지방법원 2019.05.24 2017가단5167013
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the Defendant (Appointed Party), and the designated parties, G, H, and I were co-owners of J-owners of J-owned Forest 24167 square meters (the size was 25342 square meters due to the correction of the registered matters on October 28, 2015) in Gyeyang-gu, Chungcheongnam-gu (hereinafter “instant land”). On November 3, 2015, K became the registration conversion, and on August 22, 2016, the size was 22526 square meters; hereinafter “instant land”).

B. On October 2, 2014, H, I, and G filed a lawsuit seeking partition of co-owned property on the instant land against the remaining co-owners of the instant land (Seoul District Court High Court Decision 2014No33973, Oct. 2, 2014; hereinafter “joint-owned property partition lawsuit”).

C. Of the lawsuit for partition of co-owned property, the Korea Electric Power Corporation deposited co-owners of the instant land with a ruling on land use by the Central Land Tribunal in order to use the public space over the airspace over which transmission lines passed on July 13, 2015.

Deposit money deposited by the Korea Electric Power Corporation as compensation for land use on the instant land is the Defendant (Appointed Party), Appointed C, D, 909,670 won, E 3,495,860 won, and F5,243,790 won.

(The amount of actual deposit is the amount of income tax deducted from each of the above amounts. The defendant (Appointed Party) and the designated parties received each of the above deposits.

On August 5, 2015, the Korea Electric Power Corporation completed the registration of the establishment of divided superficies on the land in this case on July 14, 2015.

The purpose of the above registration is to construct and own electric structures (electric lines, etc.) on the ground of the instant land, and its duration is from July 14, 2015 to the time the electric structures continue to exist, within the scope of “the air space from July 14, 2015, to 15 to 50m in the area above the ground surface of 628m from the northwest to the southwest along which the electric transmission line passes.”

E. On May 25, 2016, the court of first instance in the lawsuit for partition of co-owned property shall close the pleadings, and on June 22, 2016, the land of this case is divided in attached Form.

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