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(영문) 의정부지방법원고양지원 2015.05.28 2014가단30837
부당이득금반환
Text

1. The Defendant’s KRW 23,875,497, as well as KRW 5% per annum from September 16, 2014 to May 28, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of each lot number of land listed in the separate sheet No. 1 (hereinafter “each of the instant lands”). The Defendant around 190 set up a transmission tower (hereinafter “the instant transmission tower”) on each of the instant lands owned by the Plaintiff, and owned and managed by the Plaintiff by installing a special high voltage processing cable (hereinafter “the instant transmission line”) from among the special high voltage processing wires that reach 154kV’s voltage over the air.

B. The plaintiff filed a lawsuit against the defendant as Seoul District Court 2009Gahap16419 on May 15, 2010 against the defendant for the return of unjust enrichment equivalent to the charges corresponding to the superficies or divided superficies among each of the lands of this case due to the construction of the defendant's above transmission line, and in the above case, "the Minister of Commerce, Industry and Energy prescribed the technical standards necessary for the safety management of electric installations by the Electric Utility Act", Article 199-22 of the notification of the Ministry of Commerce, Industry and Energy of the Ministry of Commerce, Industry and Energy of Article 1993-70 of the notification of the former Ministry of Commerce, Industry and Energy of the Ministry of Commerce, Industry and Energy of September 3, 193, the amendment was made to the first part of Article 205-1 of the notification of the Ministry of Commerce, Industry and Energy of January 10, 200

Article 118(1)5 of the former Public Notice provides that electric wires, the voltage of which exceeds 35kmV, shall be installed at a height calculated by adding 12 cc to 10km and 10km for each 10km or for each 10km or part thereof (legal suspension height). Thus, special high voltage processing electric wires, the voltage of which exceeds 154km, shall be installed at a height above 11.42m [=10m + (154,00-35,00), 10,000.12m, and 0.01m from the ground surface, are installed at a height above 11.42m + 10m + 10m + 140(1)2m in the case of electric wires, buildings and electric wires, the voltage of which exceeds 35km, and the special high voltage processing electric wires shall be maintained at a distance exceeding 35km and at least 15.4m of 5m in the case of electric wires.

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