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(영문) 서울중앙지방법원 2015.05.27 2014가합593972
부당이득금
Text

1. The Defendant’s KRW 15,841,310 for the Plaintiff and the following: 5% per annum from October 11, 2014 to May 27, 2015.

Reasons

1. Basic facts

A. On August 17, 2007, B and C completed the registration of ownership transfer with respect to each of 1/2 shares of D gas station site 769 square meters (hereinafter “instant land”). The Plaintiff purchased the instant land from B and C, and the same year.

6.12. He shall complete the registration of ownership transfer.

B. In around 2006, the Defendant installed 345kV special high-tension power transmission lines in the section of the 2006, and has been used and managed until now. The above transmission line has passed the ground space of the instant land.

(C) The line of transmission on the ground of the instant land (hereinafter “instant line of transmission”).

From August 17, 2007 to October 10, 2014, the area of the instant land occupied by the instant transmission line is 303 square meters, and the amount equivalent to the rent of the said line is 15,841,310 won in total, and the amount equivalent to the rent of the instant land from October 11, 2014, which is permanently leased for the establishment of divided superficies for the installation of the instant transmission line, is 115,024,860 won.

On the other hand, around June 23, 2013, B and C transferred to the Plaintiff the claim for return of unjust enrichment due to the transmission line of this case, which B and C had against the Defendant, and this fact was notified to the Defendant on November 25, 2014 and the notification was sent to the Defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, 7 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the result of appraiser E’s appraisal of rent, the purport of the whole pleadings

2. Determination as to the cause of action

A. In a case where a landowner is restricted from using the airspace above the land by passing through a high voltage cable over the airspace above the land from August 17, 2007 to October 10, 2014, the landowner 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, barring any special circumstance. In such a case, the airspace through which the high voltage cable is passing and the airspace and the structure under the relevant statutes are specified.

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