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(영문) 서울중앙지방법원 2019.07.25 2018가합532968
부당이득금
Text

1. The defendant is against the plaintiffs each money stated in the "final sum sheet of unjust enrichment by plaintiff" in attached Form 2.

Reasons

1. Basic facts: (1) The plaintiffs are the owners who own all or part of the ownership or co-ownership shares of each land (hereinafter collectively referred to as the "land of this case") listed in the annexed sheet of "amount of unjust enrichment by plaintiff" in annexed Table 2; and (2) the defendant has no dispute between the parties, or the fact that he has installed and manages the power transmission lines of 154kV or 345kV on each land of this case from before 190 to the air space of this case, and the purport of the entire pleadings as a result of appraiser A's appraisal.

2. Where a landowner is restricted from using the land or airspace by passing through a high voltage cable over the land or over the airspace in the relevant legal principles, the landowner may seek a return of unjust enrichment equivalent to the rent for the airspace above the airspace in which the use of the said cable is restricted to the person who owns the said cable, except in extenuating circumstances;

In this case, the part over which high voltage wires pass and the part over which high voltage wires are required to be maintained at a certain distance between high voltage wires and buildings can be seen as restricting the land owner's use of the part over the distance.

In light of the aforementioned legal principles, when the underlying facts of the claim for return of unjust enrichment on January 15, 2009 (see, e.g., Supreme Court Decision 2007Da58544, Jan. 15, 2009) were examined, in light of the above basic facts, the Defendant, by installing and managing transmission lines on the land in this case owned by the Plaintiffs, obtains profits equivalent to the divided superficies over each of the above land, and thereby, the Plaintiff, etc. suffered damages equivalent to the same amount, thereby the Defendant is obligated to return unjust enrichment equivalent to the rent and the legal interest

4. Scope of return of unjust gains;

A. The Defendant’s occupied area 1) The Electric Utility Act and the Enforcement Decree of the same Act provide for electric installations.

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