logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.04.04 2016가단1225
송전탑철거등
Text

1. The defendant shall be the plaintiff.

A. Of the 41-26 large scale 6,025 square meters in Busan Seo-gu, Pyeong-dong, 41-26 large scale 15, 16, 17, 18, 15.

Reasons

1. Facts of recognition;

A. On December 30, 2014, the Plaintiff acquired ownership of 41-26 large 6,025 square meters (hereinafter “instant land”) and medical facilities of the six-story size above the ground.

B. The Defendant installed and managed the transmission tower and the high-tension transmission line over the ground and the airspace of the instant land (hereinafter “the instant transmission tower”). The instant transmission tower is installed on the ground of the part of 37 square meters inboard connecting each point of 15, 16, 17, 18, and 15 of the instant land in sequence with the point of 15, 16, 17, 18, and 15, and the instant transmission tower is installed on the air line connecting each point of 3,19, and 14, of the said drawings. The instant transmission line is installed on the air line connecting each point of 12, and 8, of the said drawings.

(hereinafter referred to as the “instant transmission line” by referring collectively to the part of the land below the transmission line). [Grounds for recognition] A without dispute, each entry in Gap evidence Nos. 1 and 2 (including the serial number), the result of the court’s commission of surveying and appraising land to Ireland Co., Ltd., the purport of the entire pleadings

2. According to the facts of the above recognition, since the Defendant’s electric transmission tower or the electric transmission line installed on the ground of the site of the instant electric transmission tower or passed through the electric transmission line, legitimate exercise of ownership over the instant land owned by the Plaintiff is hindered, the Defendant is obligated to remove the electric transmission tower or the electric transmission line and return unjust enrichment from unauthorized occupation.

Furthermore, the scope of unjust enrichment is examined.

In ordinary cases, the amount of profit from the possession and use of real estate is equivalent to the rent of such real estate. According to the court's entrustment of rent appraisal to the central appraisal corporation of this court and the whole purport of pleading, the plaintiff acquired the ownership of the land of this case from December 30, 2014 to December 29, 2016.

arrow