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(영문) 부산지방법원동부지원 2015.06.05 2015가합100043
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 5,004,259, as well as 5% per annum from December 4, 2014 to June 5, 2015;

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on May 1, 200 with respect to the land of 42,295 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “instant land”). The Plaintiff is a person who acquired ownership on May 1, 200, and the Defendant is a corporation established for the purpose of developing, transmitting, transformation, distribution of electricity resources, and business related thereto.

B. (1) Around 1977, the Defendant each installed 154kV C transmission lines (hereinafter “instant 154kV transmission lines”) and 345kVD transmission lines (hereinafter “former 345kV transmission lines”) at the airspace above the instant land.

(2) On December 31, 2013, the Defendant removed the instant 154kV transmission line, and the instant 345kV transmission line has been managed until now.

(3) Of the instant land, the instant 154kV transmission line occupied the part of “A” as indicated in the annexed drawing Nos. 2, and the instant 345kV transmission line occupies the part of “B” as indicated in the annexed drawing Nos. 1,225 square meters among the instant land.

C. (1) On August 22, 2012, the Defendant, as the implementer of the construction project for the 345km EV E line (hereinafter “instant transmission line construction”), installed the transmission tower and the 345km EV E line transmission line (hereinafter “instant transmission line”) with the approval of the execution plan for the electric source development project by the Minister of Knowledge Economy, and accordingly, installed the transmission tower and the 345km EV line (hereinafter “the instant new 345km E line”) on the land for the Ulsan-si, Ulsan-gun (hereinafter “instant transmission tower site”).

(2) On May 23, 2013, the Defendant acquired the ownership of the instant site for transmission towers according to the adjudication of expropriation by the Central Land Expropriation Committee, and deposited land expropriation compensation.

(3) The Defendant established a sectional superficies of KRW 39,088,720 with respect to the part not transmitting the instant new 345kV line between the Plaintiff and the Plaintiff.

(1) Permission for development activities, etc. to create temporary access roads and materials storage sites.

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