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(영문) 전주지방법원 2015.08.19 2014가단44101
송전탑철거 등
Text

1. The Defendant shall in turn order to the Plaintiff each point indicated in the separate sheet No. 1, 2, 3, 4, and 1 with respect to the forest No. 6446 square meters in Jeonjin-gu, Seoul Special Metropolitan City.

Reasons

1. Basic facts

A. On August 11, 2005, the Plaintiff acquired the ownership of 6446 square meters of land B in Seongdong-gu, Seoul Special Metropolitan City (hereinafter “instant forest”) and owned it until the date of closing argument in the instant case.

B. Around 1975, the Defendant had installed at will a transmission tower (hereinafter collectively referred to as “the instant transmission facility”) which possesses a part of 5 m2 in the ship connecting each point of 1,15 m2 in line with the indication of the attached drawing Nos. 1,2, 3, and 4 among the instant forests and forests, and a transmission tower (hereinafter collectively referred to as “the instant transmission facility”) which possesses a part of 5 m2 in line with the indication of the attached drawing Nos. 5, 6, 7, and 8, and has used and managed the instant forest until the date of closing the argument

C. From August 11, 2005 to May 11, 2015, the amount equivalent to the rent or the rent corresponding to the divided superficies for the use and management of the instant transmission facilities is 5,341,800 square meters for the instant transmission line (the part 1,160 square meters for the instant transmission line with the possession of the instant transmission line, excluding the instant transmission tower) and 95,700 square meters for the instant transmission tower, and from May 12, 2015, the amount is 40,920 won for the instant transmission line (the part 34,710 square meters for the instant transmission line).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 3 (including paper numbers) and images, appraiser C's appraisal result, the purport of the whole pleadings

2. Determination on the removal request

A. According to the facts of determination as to the cause of the claim, since the Defendant arbitrarily installed the instant transmission facilities on the forest of this case, thereby infringing on the Plaintiff’s ownership, the Defendant is obligated to remove the instant transmission facilities from the Plaintiff.

B. The defendant's assertion and judgment are expected to have a large amount of cost to remove and remove the transmission facilities of this case, but it does not interfere with the plaintiff's use of the forest of this case. The plaintiff acquired the ownership of the forest of this case with the knowledge of it after the installation of the transmission facilities of this case.

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