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1. The defendant
A. The Plaintiffs, Plaintiff B, U, and Y, indicated as “owner of a cause caused by a disaster” by attached Form 1, respectively.
Reasons
1. Basic facts
A. The Plaintiffs are those who owned or owned all or part of the ownership share of each land indicated in the column for “the location of each of the instant land” (hereinafter “each of the instant land”) in attached Form 1 for each owner.
B. The Defendant, prior to around 190, set up a transmission tower on each of the instant lands, or set up a transmission line of 154kV or 345kV on each of the instant lands and manages the transmission tower and the transmission line installed on each of the instant lands until the closing of the argument in the instant case (hereinafter “the instant transmission tower and the transmission line”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 59 (including provisional number), Eul evidence 1, the purport of the whole pleadings
2. Determination on the plaintiffs' claims except for plaintiffs B, U, and Y
A. Where a landowner is restricted from using the land through the airspace above the land where the right to claim the return of unjust enrichment occurred, barring any special circumstance, the owner of the land may seek the return of unjust enrichment equivalent to the rent on the airspace above the area where the use of the said cable is restricted (see, e.g., Supreme Court Decisions 2007Da58544, Jan. 15, 2009; 2005Da14083, Apr. 13, 2006). According to the above basic facts, the defendant, without any legal cause, has a duty to return unjust enrichment equivalent to the rent corresponding to the superficies or the divided superficies on each of the above lands by installing and managing the transmission tower and the transmission line over the airspace above the above land. Since the above plaintiffs suffered damages equivalent to the same amount, the defendant has a duty to return unjust enrichment to the above plaintiffs and the above plaintiffs.
B. The scope of return of unjust enrichment is 1) The Electric Utility Act and the Enforcement Decree of the same Act.