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(영문) 부산고등법원 2016.06.22 2015나53070
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 15,593,783 and KRW 5,004,259.

Reasons

1. The reason why the court uses this part of the basic facts is as stated in the part on “1. Basic Facts” among the reasons of the judgment of the court of first instance, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Plaintiff 1) The Defendant filed a claim for restitution of unjust enrichment with respect to the portion not on the line of the instant 154kV transmission line (47m2), the portion not on the line of the instant 345kV transmission line (1,225m2), and the temporary access roads and materials storage (3,655m2) of the instant case without any legal cause. As such, the Defendant is obligated to return the amount equivalent to the rent as unjust enrichment. (2) The Defendant is obligated to compensate for tort (1) The Defendant created temporary access roads and materials storage facilities of the instant case without going through lawful procedures under the relevant Acts and subordinate statutes, thereby damaging the instant trees, etc. without the Plaintiff’s consent, the owner of the instant trees, etc., who was the owner of the instant land. Therefore, the Defendant is obligated to pay KRW 162,300,000

(2) The Defendant created a temporary entry road and a storage yard for materials in the instant case according to lawful procedures.

Since the defendant removed the trees of this case without just compensation, it is obligated to pay the above amount of compensation as compensation for damages caused by illegal acts.

B. Defendant 1 is not obliged to pay unjust enrichment since March 14, 2015, since the Defendant created divided superficies around June 24, 2013 with respect to the portion of the previous 345kV transmission line of this case (1,225 square meters) regarding the claim for restitution of unjust enrichment, the Defendant was entitled to possess the relevant portion of land. In the case of temporary access roads and materials storage facilities (3,655 square meters) of this case, the Defendant completed development activities for the construction of the instant transmission line of this case and returned the relevant portion of land to the Plaintiff. (2) As such, the Defendant related to the claim for restitution of unjust enrichment by unlawful acts is not obligated to pay unjust enrichment after March 14, 2015.

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