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(영문) 서울중앙지방법원 2016.06.29 2016나15463
전신주철거 등
Text

1. Of the judgment of the court of first instance, paragraph 2 of this Article shall be amended as follows:

Plaintiff’s remaining claims against Defendant B, and

Reasons

1. In the first instance trial, the Plaintiff filed a claim against the Defendants for unjust enrichment equivalent to the rent accrued from the Plaintiff’s occupation of part of the instant land without permission from the Defendant B, which was located in the area of 29,884m2 in the Sincheon-si C Forest Land (hereinafter “instant land”). The Plaintiff sought unjust enrichment from the Plaintiff, who occupied part of the instant land without permission.

In this regard, the court of first instance accepted part of the Plaintiff’s claim for unjust enrichment equivalent to the rent arising from the Plaintiff’s unauthorized occupation of part of the instant land against Defendant B, and dismissed all of the remainder of the claim.

Accordingly, only the plaintiff appealed against the defendants, and only the part of the claim for unjust enrichment equivalent to the rent for the removal of the land installed in the utility poles and the delivery of the land installed in the utility poles to the defendants, and the subsequent part of the claim for unjust enrichment. The scope of the judgment of this

2. Basic facts

A. On May 26, 200, the Defendant Korea Electric Power Corporation installed four telegraph poles on the ground of each of the forest land of this case, which was owned by the Plaintiff, in order to supply electricity upon Defendant B’s application for electricity use. The Defendant Electric Power Corporation installed four telegraph poles on the ground as indicated in the attached appraisal No. 1, 2, 3, and 0.1 square meter of each of the forest land of this case (hereinafter “the part

B. On February 16, 2016, the Plaintiff’s succeeding intervenor purchased the instant land from the Plaintiff, who is his/her own form, and completed the registration of ownership transfer.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 to 1 (including paper numbers) or video, the result of the survey and appraisal conducted by the appraiser D in the first instance court, the purport of the whole pleadings

3. The parties' assertion

A. The Plaintiff’s succeeding intervenor purchased the instant land from the Plaintiff and acquired ownership. The Defendants installed four utility poles from the instant land, and occupied and used it without permission, so the Defendants jointly and severally established on the Plaintiff (i) through (iv).

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