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(영문) 서울중앙지방법원 2015.03.03 2013가단5138505
부당이득금
Text

1. Attached Form

1. Each of the plaintiffs (appointed parties) and the designated parties indicated in the previous usage fee list shall be deemed to fall under the category.

Reasons

1. Facts of recognition;

A. The plaintiff (appointed party; hereinafter, the plaintiff) and the designated party are as shown in the attached Form;

1. The owner of each land indicated in the past usage fee table is the Corporation that installs and manages the transmission line on the ground of the above land without permission.

B. Where the Defendant installed and managed a power transmission line on each of the lands owned by the Plaintiff and the designated parties, and there is no lease deposit equivalent to the divided superficies accrued during the period from the date of each rent to the expiration date of each rent, unjust enrichment equivalent to the real rent shall be attached to the attached Form.

1. The amount equivalent to the annual rent after January 1, 2014 shall be as stated in each item, and the amount equivalent to the annual rent after January 1, 2014 shall be attached hereto

2. The term "annual usage fees" is as follows: and

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, the result of the request for appraisal by this court, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant’s installation and management of transmission lines on the land owned by the Plaintiff and the designated parties without permission.

1. The past user fee was unjust enrichment in each amount of money, and unjust enrichment after January 1, 2014 is attached hereto.

2. Since it is reasonable to see that the amount in the annual fee column is each money, the Defendant is obligated to pay the money to the Plaintiff and the Appointor as stated in the Disposition No. 1, barring special circumstances.

B. The defendant's assertion 1 is merely a person who completed the registration of ownership transfer on June 30, 2009, and since the Selection B is merely a person who completed the registration of ownership transfer on June 30, 2009, the defendant's claim for payment of all unjust enrichment to himself/herself from October 11, 2003 to June 29, 2009. However, according to the above evidence, it is recognized that the Selection B, C, and D agreed that the claim for return of unjust enrichment before June 30, 2009, which is inherited property, belongs to B through an agreement on the division of inherited property, and according to the above facts of recognition, it is reasonable to view that the defendant's claim for return of unjust enrichment to the defendant of the deceased was entirely attributed to B.

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