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(영문) 전주지방법원 남원지원 2018.11.07 2017가단11835
부당이득금
Text

1. The Defendant’s KRW 4,971,288 with respect to the Plaintiff and KRW 5% per annum from November 8, 2017 to November 7, 2018.

Reasons

1. Basic facts

A. The Plaintiff is the owner of each real estate of this case who completed the registration of ownership transfer with respect to each real estate listed in the list (attached Form 1) between 1994 and 200 (hereinafter “each real estate of this case”, and each real estate of this case is referred to as the same type as the real estate No. 1 of this case).

B. On or before October 26, 2007, the Defendant has installed and managed the special high voltage transmission lines from the airspace above each real estate of this case to 345 km (hereinafter “instant transmission lines”).

C. Around 2014, the Defendant established an implementation plan for electric source development business pursuant to Article 5(1) of the Electric Source Development Promotion Act for the implementation of the instant title securing business (hereinafter “B”), and obtained approval from the Minister of Trade, Industry and Energy, and the Minister of Trade, Industry and Energy publicly announced the implementation plan pursuant to Article 5(5) of the same Act on February 14, 2014.

The Defendant, on August 10, 2017, included the portion in the instant title acquisition business from the Central Land Expropriation Committee, namely, 103 square meters (15-4 meters) among the instant real estate No. 1, 458 square meters (15-44 meters) among the instant real estate No. 2, 1,454 square meters (18-47 meters) among the instant real estate No. 3, and 686 square meters among the instant real estate No. 4, among the instant real estate No. 4, 686 square meters (1-40 meters), 4 square meters among the instant real estate No. 6 real estate No. 5 (11-40 meters), 1,544 square meters (13-42 meters), among the instant real estate No. 7 real estate, was adjudicated to use 422 square meters (11-40 meters or more among the instant real estate) among the instant real estate, and had been used as compensation for the use of the instant real estate within the period of 2131.

The area to be incorporated in the instant project, calculated as above, is the area of the part equivalent to 3 meters left and left on the basis of the transmission line of this case (hereinafter “the area to be incorporated in the instant project”).

E. On September 13, 2017, the Defendant, on the ground of the Plaintiff’s refusal to receive compensation for losses arising from the instant decision of use.

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