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(영문) 부산고등법원 2015.09.24 2014나54168
고압송전탑철거청구 등
Text

1.On a request for change in exchange at the time of the trial,

A. The defendant is against the plaintiff A, and 4. G forest land in Ulsan-gun, Ulsan-gun.

Reasons

1. Basic facts

A. On February 16, 1985, Plaintiff A purchased 20,407 square meters of D Forest in Ulsan-gun, Ulsan-do (hereinafter “instant forest”) and completed the registration of ownership transfer on February 18, 1985. Plaintiff B and C purchased 1/2 shares of each of the instant forest E 26,178 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant forest”) and completed the registration of ownership transfer on December 31, 1976 after purchasing 1/2 shares of each of the instant forest E 26,178 square meters (hereinafter “instant forest”).

B. Around 1978, the Defendant installed the transmission tower (O. 16) and the transmission line (hereinafter collectively referred to as “the transmission facility of this case”) on the forest land No. 1 in this case as indicated in the annexed drawings, and installed the transmission line at his own discretion on the forest land No. 2 in this case as indicated in the annexed drawings, and used and managed it until now.

C. Meanwhile, the instant forest land was subdivided into J or G on October 22, 2014 into Ulsan-gun, Ulsan-gun, and the said transmission tower was installed on the ground of G forest land 4,547 square meters among the said subdivided land, and the said transmission line is installed on the ground of H forest land 15,348 square meters and G forest 4,547 square meters. On October 22, 2014, the instant forest land No. 23,961 square meters and forest 2,217 square meters were subdivided into the instant forest land and the said transmission line was installed on the land of the said two divided land.

C. The area occupied by the power transmission tower in the foregoing G forest is 28 square meters, the area of the area occupied by the power transmission tower in the above H and G forest is 1,801 square meters. The sum of the rent for the power transmission tower site and the rent for the ship from April 1, 2004 to August 28, 2014 is 1,852,640 won (i.e., rent for the power transmission tower site is 1,74,240 won), and the annual rent for the year 2014 is 14,300 won per annum for the land for the said transmission tower site and 230,160 won per annum for the ship.

The aggregate of rent for the aforementioned ship from April 1, 2004 to August 28, 2014 is KRW 1,223,170, and annual rent for the year 2014 is KRW 161,410.

[Reasons for Recognition] Facts without dispute, Gap evidence 5, Eul evidence 1 and 6 respectively.

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