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(영문) 서울동부지방법원 2019.04.04 2018가단121746
부당이득금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Korea Electric Power Corporation established a high-tension power transmission line over the airspace above each of the land listed in the table below (hereinafter “each of the instant land”; according to the sequences, the Korea Electric Power Corporation established a high voltage transmission line over the airspace above the airspace above the land listed in the table below; the duration of each of the public spaces passing through the ground transmission lines between the owners of the land listed in the table “the other party” in the table “the owner of the land” and each owner of the land listed in the table above entered into a contract to establish a divided superficies with the content that the transmission line remains in existence, the amount indicated in the table “land rent” and the time of payment

On the date of concluding the contract for land display (registration holiday) other than the other party 1, 2005.9.5.9 ( May 9, 2006) C 14,941,950 m2 D farm land of 370 m206.9.28 ( October 13, 2006) E 41,01,200 m2,126 m2,126 m2,126 3 F farm land of 2,126 m2,209.3 ( February 4, 2009)

B. The Plaintiff purchased land No. 1 from C on November 12, 2007, and purchased land No. 2 from E on November 15, 2007, and completed the registration of ownership transfer on November 16, 2007.

C. Meanwhile, the Defendant promoted negotiations with the Plaintiff for the construction of Bogeumjari Housing in each land of this case, and entered into an agreement for the acquisition of each land of this case between the Plaintiff and the Plaintiff as follows, and completed each registration of ownership transfer.

On December 23, 2013, the date of concluding a contract for the purchase price and the date of registration for the purchase price shall be December 821, 2013; 821,338,050; December 31, 2013;

Of the instant lands, KRW 14,941,950 in the case of land No. 1, and KRW 41,011,200 in the case of land No. 2, and KRW 78,939,50 in the case of land No. 3, respectively, was assessed as compensation for losses, and the amount reduced by the amount corresponding to each of the above amounts was calculated as the consultation purchase price for the instant contract.

E. Meanwhile, steel towers and towers installed on each of the instant lands on the ground.

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