beta
Text
1. The defendant's claim against the plaintiff (appointed party) and the rest of the appointed party for unjust enrichment in attached Form 1.
Reasons
1. Basic facts: ① the Plaintiff (Appointed Party) and the remaining designated parties (hereinafter collectively referred to as the “Plaintiff, etc.”) are the owners who own all or part of the ownership share of each land indicated in the column for “the land in question” in the separate sheet of claim against unjust enrichment by each designated party (hereinafter collectively referred to as the “each land in this case”); ② the Defendant installed transmission towers on each land in this case before before 1990, or installed transmission lines of 154kV or 345kV to the air, and managed them (hereinafter referred to as the “transmission towers and transmission lines of this case”) up to the date, or there is no dispute between the parties, or it is recognized by each entry in the evidence Nos. 2, 5, and 6 (including each number).
2. Occurrence of a claim for return of unjust enrichment
(a) Where the owner of land is restricted from using the airspace above the land by passing through the airspace above the land, the owner of the land may seek a return of the amount of unjust enrichment equivalent to the rent for the airspace above the airspace in which the use of the airspace is restricted, unless there are any special circumstances to the contrary;
(See Supreme Court Decisions 2007Da58544 Decided January 15, 2009, 2005Da14083 Decided April 13, 2006, etc.). According to the above basic facts, the Defendant, etc., installed and managed part of each of the land of this case owned by the Plaintiff, etc., and the transmission tower and the transmission line, thereby gaining profits equivalent to the superficies or the divided superficies on each of the above land. Accordingly, the Plaintiff, etc. suffered damages equivalent to the same amount, and thus, the Defendant, etc. is obligated to return unjust enrichment and its legal interest.
3. Scope of return of unjust gains (the occupied area of the defendant and the amount equivalent to the rent);
A. Standard 1 Electric Utility Act and Enforcement Decree of the same Act are due to electrical facilities.