Same-sex Association et al., Counsel for the defendant-appellant (Law Firm Geumsung, Counsel for the defendant-appellant)

Korea Water Resources Corporation and two others (Law Firm, Attorneys Choi Jin-jin et al., Counsel for the plaintiff-appellant)

October 14, 2010

1. The plaintiff foundation's claim against the defendant Korea Water Resources Corporation is dismissed in entirety. The plaintiff foundation's same-sex and the foundation foundation's claim against the defendant Korea Water Resources Corporation of the Korea Water Resources Corporation.

2. (a) Defendant Korea Electric Power Corporation:

1) The amount of 139,312,980 won and 5% per annum from February 21, 2010 to October 14, 2010, and 20% per annum from the next day to the day of full payment to the same-sex incorporated foundation;

2) The amount of KRW 103,987,040, KRW 10,705,970 to Plaintiff 4 and the amount of KRW 5% per annum from February 21, 2010 to May 11, 2010, and KRW 20% per annum from the next day to the day of full payment;

B. Defendant Republic of Korea shall pay 110,882,70 won to the same-sex Foundation, 24,372,670 won to the Foundation of the Plaintiff Foundation, and 5% interest per annum from February 21, 2010 to July 1, 2010, and 20% interest per annum from the next day to the date of full payment.

sub-payment.

3. (a) Defendant Korea Electric Power Corporation:

1) From February 21, 2010 to the same-sex foundation corporation, the above defendant's [Attachment 1] "Sick number" is the amount calculated by the ratio of the amount of money indicated in the above land to the time the transmission tower established on the land and the transmission line over the above land set forth in the table Nos. 3, 5, 7, 10, 11, and 13 is removed or the above plaintiff lost its ownership to the above land.

2) From February 21, 2010 to February 21, 2010, the above Defendant’s [Attachment 1] “net” refers to the amount of money by the ratio of the amount of money indicated on the above land to the time the transmission line installed over each land as listed on 15 to 21 is removed or the above Plaintiff lost its ownership over each land.

3) From February 21, 2010 to February 21, 2010, the above Defendant’s [Attachment 1] “net” refers to the amount of money by the ratio of the amount of money indicated on the above land to the time the transmission line installed over each land as indicated in Table 22 to 24 is removed or the above Plaintiff lost its ownership over each land.

(b) Defendant Republic of Korea shall:

1) From February 21, 2010 to the same-sex foundation corporation, the above defendant removed the transmission line installed in the airspace above each land listed in 1 to 3 and 5 to 9, or until the above plaintiff loses ownership of each land, the amount calculated by the ratio of the money listed in the above land to the amount stated in the attached Table 2 to the above defendant's attached Table 1 to the same-sex foundation.

2) From February 21, 2010 to the Korea Federation Maintenance Foundation, the Plaintiff Incorporated Foundation, from February 21, 2010 to the time the above Defendant removed transmission lines installed in the airspace above the land specified in attached Table 14, or until the said Plaintiff lost its ownership to the said land [Attachment 2], the amount calculated by the ratio of the money indicated in the above land to the money indicated in attached Table 2.

sub-payment.

4. Of the costs of lawsuit, the part arising between the same-sex foundation corporation, the same-sex Japan, the Japan-Japan-Japan Foundation and the Korea Water Resources Corporation and the defendant Korea Water Resources Corporation shall be borne by the above plaintiffs, and the part arising between the above plaintiffs and the defendant and the same-sex foundation corporation, the same-sex association, the third-party and the defendant Korea Water Resources Corporation shall be borne by the above defendants.

5. Paragraphs 2 and 3 of this Article may be provisionally executed.

In and around the disposition Nos. 2, 3, and 182,49,800 won, and 39,680,100 won and each of the above amounts shall be paid to the same-sex association, a foundation of the plaintiff (hereinafter referred to as the "the same-sex association of the plaintiff"), from February 21, 2010 to May 6, 2010 to the delivery date of a copy of the claim and its cause for alteration, the amount of 5% per annum and 20% per annum from the next day to the date of full payment, and from February 21, 2010 to February 21, 201 to the date of the above list Nos. 1 to 3,5, and 201 to the date of the above list No. 1 to 3,5, and each of the above amounts shall be removed or removed from the ownership of each of the above lands (the above list No. 21 to 4,000).

1. Basic facts

[Attachment 1] The plaintiffs owned each land (hereinafter referred to as "each land of this case") 1.V. x 10 x 30 x 5 x 154,00 V. on each land of this case x 30 x 40 m. x 5 m. x 30 m. x 40 m. x 40 m. x 154 m. x 5 m. 1) on each land of this case 3 through 5 x 154 m. , above [Attachment 1] 7 m. 40 m. x 0 m. 4 x 0 m. 5 m. x 0 m. 5 m. x 30 m. 4 m. m. x 5 m. x 5 m. m. m. x. 4 m. x. 5 m. m. x. 7 m. m. m.

2. Determination on this safety defense

Defendant Korea Water Resources Corporation, in relation to the lawsuit of this case, seeking the return of unjust enrichment from the installation and management of the above 154,005 transmission line against the above Defendant, Defendant Korea Water Resources Corporation, including the above 154,000 V transmission line, manages the above transmission line with the right to manage the water supply facilities of wide-area facilities installed by Defendant Republic of Korea (IV stages), on investment from Defendant Republic of Korea, and there is no obligation to return unjust enrichment to Plaintiff same-sexs and Dogggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggs

3. Determination on the claim against Defendant Korea Water Resources Corporation

The plaintiff same-sexs association and the YI made profits from using and using 154,00V transmission lines, including the above 154,000 V transmission lines, which are established by the defendant's Republic of Korea (IV stages), by obtaining investments from the defendant's Republic of Korea in the right to manage the waterworks facilities and collecting water rates. The plaintiffs' above plaintiffs' land who occupy the airspace within the above statutory distance from both sides of the above transmission lines to both sides of the above plaintiffs' land is the defendant Korea Water Resources Corporation, which is the owner or de facto controlling entity of the above transmission lines. Thus, the defendant Korea Water Resources Corporation has the duty to return profits from arbitrarily occupying the above plaintiffs' land to the plaintiffs.

In full view of the statement and the overall purport of the statement of evidence Nos. 1, 195, Defendant Korea Water Resources Corporation established on July 15, 1995: (a) granted the right to manage wide-area waterworks in the Seoul Metropolitan area (IV stages) including the 154,000 V transmission line installed by Defendant Korea from the Republic of Korea; and (b) completed the transfer registration on August 9, 1995, it is recognized that the State has collected charges from the person to whom the above waterworks is maintained and managed and the produced raw water or processed water has been supplied. However, under Article 4(4) of the Korea Water Resources Corporation Act, the State is entitled to contribute to the Corporation the right to manage the waterworks under Article 3 subparag. 26 of the Water Supply and Waterworks Installation Act; and (c) under Article 3 subparag. 26 of the Water Supply and Waterworks Installation Act, the right to manage the waterworks by maintaining and managing the waterworks and collecting the above plaintiffs’ right to use the waterworks from the person to whom the above water resources were supplied by the Korea Water Resources Corporation.

4. Determination on the claims against Defendant Korea Electric Power Corporation and Defendant Korea

A. Return of unjust enrichment

1) Determination

According to the facts acknowledged above, it is reasonable to view that Defendant Korea arbitrarily installed the transmission lines on each of the above lands owned by the plaintiffs, and managed them to Defendant Korea Water Resources Corporation, and Defendant Korea occupied the airspace above the above statutory distance from both sides of the above lands, and Defendant Korea Electric Power Corporation arbitrarily installed the transmission towers on each of the above lands owned by the plaintiffs, and installed and managed the transmission lines on the airspace above the above lands, and Defendant Korea Electric Power Corporation occupied the airspace above the above statutory distance from both sides of the above lands. Accordingly, Defendant Korea and Korea Electric Power Corporation have a duty to return the above profits to the Plaintiff as unjust enrichment.

2) Determination as to Defendant Korea Electric Power Corporation’s assertion

A) The assertion on the separation distance

Defendant Korea Electric Power Corporation asserts that the limitation on the use of land due to the statutory separation distance of “Standards for Electric Power Equipment Technology” is premised on the construction of a new building. Thus, barring special circumstances such as the Plaintiffs’ attempt to construct a new building on each of the instant land, the restricted area due to the electric transmission line should be calculated as the area of land directly below the uppermost line of each of the instant electric transmission lines, or that it should be calculated as the area within the range of the sum calculated by adding three meters to the horizontal distance from both sides of the electric transmission line in accordance with the “Guidelines for the Assessment of Compensation for Loss Incurred from the Use of Certain Public Sector” of the Certified Appraisers’ Association, and thus, insofar as the landowners did not actually interfere with the use of land, the land owner suffered damages equivalent to the rent corresponding to the divided superficies so long as the land owner did not actually suffer from the limitation on the use of land (see Supreme Court Decision 2005Da14083, Apr. 13, 2006).

B) Claim on the remaining area of the land

The defendant Korea Electric Power Corporation asserts that the rent should be calculated including the remaining land in the restricted area of use due to each of the instant transmission lines, because there was no obstacle for the plaintiffs to use the area outside the above statutory distance from both sides of the instant transmission lines to meet the purpose of the land. Therefore, if a facility is installed and owned without a legitimate title on another's land, the owner of the relevant land should suffer damage due to the impossibility of use of the entire land. Since the impossibility of use occurred from the installation of the relevant facility, the part of the facility is in accord with the principle of fairness, which is the ideology of the unjust enrichment system to deem that the person who installed and owned the building on another's land without a legitimate title is not able to use the facility on another's land, and therefore, if the part of the facility remains excessively and is de facto unable to use it for the original purpose, the owner of the land is not able to obtain profit from the whole land (see, e.g., Supreme Court Decision 209Da97599, Sept. 29, 2009).

B. Scope of return of unjust enrichment

According to the evidence evidence Nos. 9 and 10, Defendant Republic of Korea and the Korea Electric Power Corporation shall install, manage, or manage each transmission line or transmission tower over the airspace above each of the land of this case, and [Attachment 2] of the above [Land Number No. 5], as the Plaintiff seeks, in relation to the Republic of Korea, from September 21, 2004 to February 20, 2010; and with respect to the Defendant Korea Electric Power Corporation, from September 21 to February 20, 2010 to February 20, 2010, each share of the remaining shares 6 excluding the land No. 4 and 12) with an amount equivalent to each share of the above area stated in the column of "illegal enrichment" can be recognized, and the amount equivalent to each share of the above land after the above period shall be equivalent to each share of the land [Attachment 7] as of February 21, 2010.

On the other hand, Defendant Korea and Korea Electric Power Corporation have installed and managed the electric transmission lines of this case in the airspace above each of the land of this case without compensating the Plaintiffs. Thus, the said Defendants are beneficiaries of bad faith.

Therefore, the unjust enrichment that Defendant Korea and Korea Electric Power Corporation shall return to the Plaintiffs by [Attachment 2] [Attachment 2] shall be the sum of the respective amounts indicated in the “legal interest” column for each period from the beginning to February 20, 2010 for each of the following periods: (a) the sum of the respective amounts indicated in the “legal interest” column for each of the Plaintiff’s “total ” [Attachment 2] [Attachment 2] of the sum of the respective amounts indicated in the “legal interest” column for each of the Plaintiff’s / [Attachment 2] and the delay damages for each of the above Defendants from February 21, 2010 to the removal of transmission lines or the loss of the Plaintiffs’ ownership of the said Defendants’ possession [Attachment 2] of each of the above Defendants’ respective above land from February 21, 2010 to February 21, 2010.

5. Conclusion

Therefore, Defendant Korea Electric Power Corporation and Korea Electric Power Corporation shall dismiss the plaintiffs' money stated in [Attachment 2] attached Table 2 and (2) after the delivery date of a copy of the complaint of this case, which states that the plaintiffs sought return of unjust enrichment from Defendant Korea Electric Power Corporation and Korea, and (a) as to the amount of claim against Defendant Korea Electric Power Corporation from February 21, 2010 to October 14, 2010, the claim of 5% per annum under the Civil Act and 20% per annum from the next day to the next day of full payment, for each of the above above 20% of the above 20% of the amount of claim against the plaintiffs 3 and 4 from the next day of the above 20% of the above 20% of the amount of claim against the above 20% of the amount of claim against the defendant Electric Power Corporation and the above 20% of the above 20% of the amount of claim against the plaintiffs 3 and 4 until the day of full payment.

[Attachment]

Admony of judges (Presiding Judge)

(1) On May 8, 2009, the Plaintiff Same-sex Association sold the land indicated in [Attachment 1] No. 4 to the Nonparty, and completed the registration of ownership transfer on the same day.

2) Under the Enforcement Decree of the Electric Utility Act and the Enforcement Decree, “electric facility technical standards” enacted by Ordinance of the Ministry of Trade, Industry and Energy No. 411 on January 1, 1974 were amended several times thereafter, and the said standards were integrated and published on July 4, 2006 (the announcement of the Ministry of Commerce, Industry and Energy No. 2006-65, January 1, 2007). The suspension of power transmission lines and the separation distance were set in the previous “electric facility technical standards,” but the announcement of “standards for determining the standards for electric facility technology” is stipulated in the notification of the delegation of the technical standards for electric facilities after the integrated announcement. The provisions on the suspension of power transmission lines and the distance of separation are too excessive, or there is no change in the content.

Note 3) The value 10,00V above 35,000 V plus 12 cc for each 10,000 V, or

Note 4) The value obtained by adding 15 cm for each 3m voltage exceeding 35,00 V or for each 10,000 V of its total voltage exceeding 35,00 V, or

5) The sum totaling the area within the above statutory separation distance from both the outermost lines of the power transmission lines and the area where the power transmission tower is installed.

(6) The plaintiff same-sexs association set the period for calculating unjust enrichment from September 21, 1999 to May 7, 2009, which is the day before the sale date of the above land; from September 21, 1999 to August 6, 2008, which is the day before August 6, 2008, when the defendant Korea Electric Power Corporation acquired legal superficies on the above land.

Note 7) The part of the airspace over each land, and the part of each land and the remaining part due to the occupied part concerning the transmission tower were calculated on the basis of the area subject to evaluation. The calculation of each part is see attached Table 3.