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1. The defendant shall state with the plaintiff A and B (attached Form 1) the "Period Rent" column for recognition of unjust enrichment by plaintiff.
Reasons
1. Basic facts
A. The plaintiffs' land owners are owners of each land listed in the "Real Estate Indication" column in the "Real Estate List" column in the real estate list (attached Form 3), and according to the sequences, the date when the plaintiffs completed the registration of ownership transfer concerning each of the land of this case is indicated in the " date of ownership acquisition" column in the above Table.
B. During the period from November 23, 1995 to October 29, 197, the waterworks business headquarters established by the Defendant with power transmission lines installed 13 high voltages 154kV on each of the land of this case and its neighboring land for the purpose of supplying electricity necessary for the operation of the FPP shop located in the vicinity of each of the instant land, and used and managed until now.
The transmission line located on each of the above lands by the plaintiffs is 'the transmission line of this case'.
(i) [The facts without dispute over the basis of recognition, Gap's evidence 1 to 4, evidence 6-1, 2, Eul's evidence 6 and 7, Gap's evidence 15-1 to 4, and the purport of the whole pleadings;
2. 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 Decision 2005Da14083 Decided April 13, 2006, and Supreme Court Decision 2007Da58544 Decided January 15, 2009, etc.) B.
Examining the above facts in light of the legal principles as seen earlier, the Defendant installed and managed the electric transmission line on the part of each of the lands of this case, thereby obtaining profits equivalent to the rent corresponding to the divided superficies over the area of the air space, the use of which is restricted due to the installation of the electric transmission line, and inflict damages on the Plaintiffs equivalent to the same amount.
As such, the defendant is the defendant.