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(영문) 서울행정법원 2018.04.13 2017구합65937
수용재결취소등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

On October 30, 1981, Plaintiff A and C acquired the ownership of 20,264 square meters of D forest land (hereinafter “instant forest”). On December 29, 1982, E transferred 1/3 of the shares of Plaintiff A and C, thereby becoming a 1/3 equity right holder, and on September 7, 2009, Plaintiff A transferred 1/3 [=1/2-1/2 x 1/3] shares of Plaintiff A and became a 2/3 equity right holder.

On the other hand, the plaintiff B completed the registration of transfer on March 5, 2009 due to the inheritance by agreement division on December 14, 2008 with respect to the above E's 1/3 shares.

around 1977, the Defendant Corporation installed and managed transmission towers on the ground level of 185 square meters in order to connect each point of Annex 2, 3, 4, 9, 10, and 2, among the forest land of this case, and installed and managed transmission lines on the ground level of 185 square meters in Annex 1, 2, 10, 9, 4, 5, 6, 7, 8, and 1 in Annex 2,634 square meters in the same order.

(2) The forest land in the instant case was divided into the land indicated in [Attachment 1] List 1 (hereinafter “instant land”); and the remaining part was divided into the land indicated in Annex 1 List 2 (hereinafter “instant land”). The forest land in the instant case was divided into the land indicated in Annex 1 List 2.

(B) On December 26, 2014, the Plaintiffs filed a lawsuit against the Defendant Corporation to remove the instant transmission equipment and to seek restitution of unjust enrichment (hereinafter “instant lawsuit”) on the grounds that the Plaintiff’s ownership was infringed on due to the installation of the instant transmission equipment on the instant forest land (hereinafter “instant lawsuit”) (hereinafter “instant lawsuit”) and on August 26, 2015, the Seoul Central District Court ordered the Defendant Corporation to remove the instant transmission equipment and return unjust enrichment for the use of each of the instant land (hereinafter “the instant lawsuit”).

Defendant.

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