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(영문) 서울중앙지방법원 2019.05.22 2017가단5226769
부당이득금
Text

1. The defendant shall be the sum of the plaintiffs stated in the attached Table 1 list, and the "written claim for unjust enrichment" stated in the attached Table 2 list.

Reasons

1. Basic facts

A. The Plaintiffs owned the land indicated as follows from the date of the following list until the date of the acquisition of ownership, and the Defendant is a public enterprise engaged in the development, transmission, distribution, and business related to the development of electric resources. The Plaintiffs installed and used the transmission towers or high voltage lines of 345km or 154kV on the land owned by them.

B. Plaintiff A filed a lawsuit against the Defendant for unjust enrichment due to an infringement of one’s own land ownership (Seoul Central District Court 2009Gahap89793), thereby compensating the Defendant for unjust enrichment by not later than March 20, 2010. Plaintiff C was compensated for unjust enrichment by not later than April 24, 2009, Seoul Central District Court 2007Gahap81013, which was to the same effect.

C. As to the public space through which the transmission line on each of the above lands passes between Plaintiff A, C, and D, the Defendant entered into a contract to establish a divided superficies with the content that the transmission line remains in existence, the amount indicated in the “land rent” column, and the time of payment in lump sum, and completed the registration of the establishment of each divided superficies.

Serial No. 27,128,400 Won 209,89793 (F. 20 March 201, 2010) 2B 22 B, 30,000,000,000 23.25,000,000,000 25,000 283.9 20,000 283.9 3,000,000,000 25,000 3,000,000 283.9 3,000,000,000 25,000 3,000,000 25,000 3,000,000,000 25,000,000 154,000,000 3,000,000 3,05,000

D. The statutory separation distance between the outermost line of the 154km line and the ground structures is 4.78m.

(Article 67 of the Electric Utility Act, Article 43 of the Enforcement Decree of the Electric Utility Act, Article 4 of the technical standards, and Article 140 (1) 2 of the "standards for Determination of Technical Standards for Electric Equipment" / [applicable to recognition], and Party A.

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