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(영문) 의정부지방법원고양지원 2015.01.29 2013가단11815
부당이득금반환
Text

1. The Defendant shall pay KRW 3,431,90 to the Plaintiff the annual rate of KRW 20% from January 16, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 23, 1997, the Plaintiff completed each registration of ownership transfer with respect to B, 1421 square meters (hereinafter “instant one land”) and C, 1199 square meters (hereinafter “instant two land”).

B. From around 1965, the Defendant installed the transmission line (154kV; hereinafter “the transmission line of this case”) over the airspace above each of the instant lands, and used and managed the above transmission line existing on each of the instant lands until the date of closing argument. The present situation is as indicated in the attached survey appraisal.

C. According to the separation distance of 4.8 meters from the edge of the power transmission line from March 27, 2003 to February 24, 2009 (the standards for judgment on the technical standards for electrical facilities established under the Enforcement Decree of the Electric Utility Act, and the standards for judgment on the technical standards for electrical facilities), the amount of unjust enrichment equivalent to the usage fees for land within the distance of 4.8m from the edge of the power transmission line (the power transmission line and buildings were stipulated to be installed at a separation of 4.8m until February 24, 2009) is 2,41,90 won, and the amount equivalent to the usage fees for land between the power transmission lines from February 25, 2009 to December 31, 2012 is 990,000 won in total.

[Ground of recognition] Gap evidence Nos. 1-1, 2, 2-2, and 1-1, and the result of this court's request for survey and appraisal of Eul's cadastral engineer D, the result of this court's entrustment of a voluntary appraisal of appraiser E, the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant, without any legal ground, installed the power transmission line on the land Nos. 1 and 2 of this case, which is owned by the plaintiff, and used the part not used for the power transmission line, and thereby was subject to restrictions on use and profit-making of each of the above lands. Thus, the defendant, as the owner of each of the above lands, shall pay to the plaintiff, who is the owner of the above land, 3,431,90 won (2,41,900 won) in total and 20% per annum from January 16, 2015 to the day of complete payment, as sought by the plaintiff.

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