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(영문) 서울중앙지방법원 2016.10.14 2014가합535112
부당이득금
Text

1. The defendant,

A. The sum of unlawful gains on the plaintiffs as stated in the separate sheet of claim for unjust enrichment is as follows.

Reasons

1. The plaintiffs, as stated in the separate sheet of claim for unjust enrichment on the "Real Estate in this case" in the separate sheet of claim for unjust enrichment (hereinafter collectively referred to as "each land in this case"), own or has owned each land in the separate sheet of claim for unjust enrichment, during the period of calculating the rent, and the defendant, from around 1995, possess a steel tower in part of the land in this case owned by the defendant V, W, X, andY from among each land in this case, and install and manage the power transmission lines of 154 kVV or 345 kV to each of the land in this case, and the fact that the defendant has installed and managed the power transmission lines of 154 kV or 345 kV to each of the land in this case, may be recognized by adding the whole purport of arguments as stated in the separate sheet of claim for unjust enrichment on the attached sheet of claim for unjust enrichment.

2. Where the owner of land is restricted from using the land by allowing high voltage lines to pass over the airspace above the land over which the right to claim for return of unjust enrichment has occurred, the owner of the land may seek a return of the amount equivalent to the rent for the airspace above the airspace over which the use of the said cable is restricted, except in extenuating circumstances;

In this case, the part over which high voltage wires pass and the part over which high voltage wires are required to be maintained at a certain distance between high voltage wires and buildings can be seen as restricting the land owner's use of the part over the distance.

(see, e.g., Supreme Court Decision 2007Da58544, Jan. 15, 2009). According to the above facts, the Defendant, without title, installed and managed the transmission line and steel tower on each of the instant land owned by the Plaintiffs, thereby gaining profits equivalent to the rent for the airspace above the distance in which the Plaintiffs’ use is restricted, and the Defendant thereby suffered losses to the Plaintiffs equivalent to the same amount.

Therefore, the defendant shall delegate to the plaintiffs the street Electric Utility Act and the Enforcement Decree of the same Act, the use of which is restricted by the relevant statutes.

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