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1. The Defendant’s KRW 102,063,796 for the Plaintiff and KRW 5% per annum from April 2, 2015 to August 24, 2017.
Reasons
1. Basic facts
A. The Plaintiff acquires and owns each land listed in the separate sheet (hereinafter “instant land”) around June 1, 1965, and the Defendant is a company that set up a transmission line of 154 km voltage 154 km (hereinafter “the instant transmission line”) over the airspace above the instant land and occupies part of the airspace above the instant land.
B. Of the land of this case, the sum of the vertical load corresponding to the vertical load within the scope of adding 4.75 meters to the horizontal distance from both sides of the power transmission line and from both sides of the power transmission line shall be 2899m2, as indicated in the “area indication” in the attached sheet (Provided, That the same shall not apply to 1m2.36m2, each of which is 82-36m2, hereinafter collectively referred to as the “instant line”), and the specific indication thereof shall be as listed in the following table.
C. As to the instant portion of the rent from April 2, 2005 to April 1, 2015, the sum of KRW 102,063,796 is KRW 102,063,796. The details of the calculation of the rent for each land are as follows.
The fact that on April 1, 2015, 279 33,104, 690 282-7 22,932,90, 377 382-214, 464, 7414, 82-26 876, 876, 038, 085 82-272-275 2053,91, 91, 9616 17-91, 2321, 2363, 942, 289, 289, 1062, 289, 1063, 279, 796, 1063, 279, 2796, 2796, 206, 279, 2796, 279, 206, 206, 30
2. Judgment on the issue
A. The key issue in this case pertains to where the Plaintiff and the Defendant are dissatisfied with each other, whether the scope of unjust enrichment of the leased party due to the installation of the power transmission line in this case, i.e., where the scope of “influence” should be recognized in calculating the rent.
The plaintiff asserts that the amount of rent should be calculated by adding 4.75m to the horizontal range from both ends of the power transmission line and from both ends of the power transmission line in accordance with relevant laws, such as the Electric Utility Act, and that the defendant should do so.