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(영문) 서울중앙지방법원 2014.10.08 2014가단39297
지상변압기 철거 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff had completed the registration of ownership transfer on the land of this case on June 2, 1970 and owned it together with the building of the second floor neighborhood living facilities on that ground. On the above land, there is a voltage set up by the defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2-2, 5, the purport of the whole pleadings

2. The plaintiff asserted that the defendant sought unjust enrichment from the removal of the above changer, the delivery of the part of the above land from the above land to the above changer installation, and the defendant's use from January 1, 2009 to the completion date of delivery of the above part of the land. The defendant asserted that the part of the land of this case where the above changer was installed was provided without compensation by the plaintiff.

In light of the evidence Nos. 2 and 3 without dispute in its establishment, the plaintiff can sufficiently recognize the fact that the part of the land of this case on the land of this case in order to be supplied with electricity from the defendant in May 2007 is leased without compensation to the defendant during the period in which the above building remains in existence. Thus, the defendant's above assertion has merit.

3. According to the conclusion, the plaintiff's claim of this case is without merit.

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