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(영문) 창원지방법원 2017.11.29 2017나51713
부당이득금
Text

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

The defendant shall enter the plaintiff's succeeding intervenor in the separate sheet No. 1, respectively.

Reasons

1. Basic facts

A. On December 21, 2006, the Plaintiff completed the registration of ownership transfer based on sale on December 7, 2006 with respect to each land listed in the separate sheet No. 1 (hereinafter “each land of this case”).

B. The Defendant, from around 1980, installed and managed the power transmission lines of 345,00 V under the voltage of use of the part (B) connecting each point of (a) and of 69, 71, 6, 47, and 78, the attached drawing Nos. 2, 68, 72, 75, 77, and 26, in the airspace above each of the land of this case (hereinafter “the transmission lines of this case”).

C. According to Article 67 of the Electric Utility Act and Article 43 of the Enforcement Decree of the same Act, and Article 126(1)3 of the standard of judgment on the technical standards for electrical equipment under Article 4 of the Electric Utility Act, in the case of the electric transmission line of this case, the distance of separation from the ground structure of this case exceeds 35 km in the basic distance of 3 km, the distance of separation from the ground structure of this case shall be the value added by 15 cm for each 10 km or its fraction. The statutory separation distance of the power transmission line of this case calculated under the above provision is 7.65 m [3m(3m(345,00 V - 35,00 V) / 100 V x 0.15m].

On July 5, 2017, the Plaintiff’s succeeding intervenor purchased each of the instant land from the Plaintiff and participated in the succession at the trial.

E. On July 12, 2017, the Plaintiff transferred the Plaintiff’s right to the instant lawsuit against the Defendant to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the assignment of the claim on July 13, 2017.

[Ground of recognition] In the absence of dispute, Gap's evidence 1, 7 through 10, Eul's evidence 1 through 4 (including a serial number, if any), the result of the commission of appraisal to appraiser C by the court of first instance, the result of the commission of appraisal to the appraisal corporation of the court of first instance to the appraisal corporation of the court of first instance, the purport of the whole pleadings as a whole.

2. Determination

A. According to the above facts of determination as to the removal claim, the Defendant established and managed the instant transmission line over the airspace in each of the instant land owned by the Plaintiff succeeding Intervenor.

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