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(영문) 서울중앙지방법원 2018.04.24 2016가단5047792
부당이득금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs asserted that the Defendant occupied and used each parcel of land listed in the attached Table beyond the scope of superficies established thereon, and sought a return of unjust enrichment on the excessive portion of the land area.

2. According to the statements in Gap 7-1, 7-2, and 8-1, superficies established on each of the above lands are for the construction and ownership of steel towers and power transmission lines, and the land rents include shares arising from the construction and ownership of power transmission lines to the airspace above the land. In addition to the above facts, it can be anticipated that if a power transmission tower is installed, both the site of the transmission tower and the airspace above the other land are installed. Therefore, it is reasonable to view that all of the persons who have superficies or superficies at the time of the establishment of superficies have intended to establish superficies on the site necessary for the installation and use of the power transmission lines connected to the power transmission tower and the transmission tower. Considering that it is reasonable to view that the effect of superficies of this case is limited to the area indicated on the register, and that it extends to all areas within the necessary scope for the construction and possession of the power transmission tower and the transmission line beyond the above area.

3. If so, the plaintiffs' claim of this case is dismissed without any justifiable reason, and it is so decided as per Disposition.

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