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(영문) 의정부지방법원 2019.04.26 2017가단15591
부당이득금 등
Text

1. The defendant shall be the plaintiff.

(a) KRW 8,650,259, as well as 5% per annum from July 1, 2017 to April 26, 2019;

Reasons

1. Facts of recognition;

A. Since around 1993, the Plaintiff owned part of the shares of each of the lands listed in the separate sheet No. 1 (hereinafter “each of the instant lands”) and acquired ownership of each of the instant lands on May 26, 1995. Around 1998, the Plaintiff newly constructed a house on the ground of the instant land B (hereinafter “instant house”) and resided until now.

B. From 12 m to 25m above each of the instant land, C (hereinafter “instant transmission line”) was passed since 1986, but the Defendant occupied and managed the said transmission line after its establishment.

The Defendant did not obtain the consent of the Plaintiff, the owner of each land of this case, or the right to use the land below the transmission line of this case (hereinafter “B”) with respect to the installation of the transmission line of this case.

C. Residents living in the vicinity of the Plaintiff’s instant housing, including the Plaintiff, have strongly resisted from around 2006, demanding countermeasures from the Government since 2006 on the grounds of electromagnetic wave damage, noise damage, etc. caused by the power transmission tower equipment connected to the instant power transmission line and the instant power transmission line. The medical city has been demanding the Defendant, who is the manager of the instant power transmission line, to resolve the issues of terratization, etc.

In around 2009, the Plaintiff filed a lawsuit against the Korea Electric Power Corporation to demand compensation for the failure of the power transmission lines, stating that the power transmission lines of this case are not the facilities of the Korea Electric Power Corporation, and subsequently withdrawn the lawsuit. After examining the management authority of the power transmission lines of this case, the Defendant’s Seoul Metropolitan Area Operation Business Association came to know that it was the management authority around August 2010, and thereafter, continuously filed a civil petition demanding the Defendant to pay compensation for the eutronization of the power transmission lines of this case and land use, but the Defendant has been able to delay compensation and emulation for lack of budget and requirements.

E. Meanwhile, the Defendant’s civil petition on September 201, 201.

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