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(영문) 서울중앙지방법원 2015.10.21 2014가단185657
부당이득금 등
Text

1. The defendant shall attach the same Table to the plaintiff as to each amount stated in the "statement of unjust enrichment" as stated in the separate sheet.

Reasons

1. Basic facts

A. On August 28, 198, the Plaintiff purchased forest No. 21,356 square meters (hereinafter “instant land”) in Jeonsung-gun, Jeonsung-gun on August 28, 198, and completed the registration of ownership transfer on November 23, 198.

B. The Defendant, around June 200, set up in the ground space of the instant land the Heung-Bridge section 154kV high voltage transmission lines (hereinafter “the instant transmission lines”) to be used and managed until now. The Defendant did not obtain the right of use for obtaining the Plaintiff’s consent or not obtaining the right of use for the instant land owner while installing the instant transmission lines.

C. In the instant land, the size of the area not occupied by the above transmission line is 1,379 square meters, and the amount equivalent to the rent of 1,379 square meters, which was not pre-paid from September 14, 2004 to March 31, 2015, is as indicated in the separate sheet on the “amount of unjust enrichment” in the separate sheet.

[Ground of recognition] Facts without dispute, entries in Gap 1 through 5, results of commission of appraisal of rent to appraiser C, purport of the whole pleadings

2. Determination as to the claim for return of unjust enrichment

(a) Where the owner of land is restricted from using the airspace above the land by passing a high voltage cable over the airspace above the land, barring any special circumstance, the owner of the land may seek a return of unjust enrichment equivalent to the rent for the airspace above the airspace over which the use of the said cable is restricted to the owner of the land. In such cases, where the provisions of the relevant Acts and subordinate statutes provide for the maintenance of a specified distance between the airspace above the airspace through which the high voltage cable is passing and the structure, the land owner’s use of the airspace above the distance can be deemed restricted;

(Supreme Court Decision 2007Da58544 Decided January 15, 2009, and Supreme Court Decision 2005Da14083 Decided April 13, 2006) B.

According to the above facts, the Defendant’s installation of the power transmission line on the ground of the instant land without a legitimate title, and the use and management thereof, thereby restricting the Plaintiff’s use of and profit from the portion of the land that the Plaintiff did not operate from September 14, 2004 to March 31, 2015.

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