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(영문) 서울중앙지방법원 2015.08.26 2014가합595114
부당이득금
Text

1. The defendant,

A. Of the land size of 20,264 square meters in Jincheon-gun, Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, the Plaintiffs indicated in the attached Form No. 2, 3, 4, 9, 10, and 2.

Reasons

The summary of the case is the case where the plaintiffs seek the return of unjust enrichment equivalent to the rent due to the possession and use of the site of the transmission tower and the object of the transmission line installed by the defendant on their co-owned land as well as the removal of the transmission tower and the line of transmission line.

On the premise of fact, the Plaintiff and D acquired ownership on October 30, 1981, and E transferred 1/3 of the shares of Plaintiff A and D on December 29, 1982, and became the 1/3 equity right holder of the Plaintiff and D on December 29, 1982, and Plaintiff A transferred 1/3 of the remainder of D on September 7, 2009 (=1/2-1/2 x 1/3) and became the 2/3 equity right holder of the Plaintiff.

On March 5, 2009, the registration of transfer was completed on December 14, 2008 due to inheritance under the name of Plaintiff B on December 5, 2009.

At around 1977, the Defendant installed the transmission tower and the power transmission line with each point of 2,3,4,9,10,2 of the annexed drawings, and installed the transmission tower on the ground of 185 square meters in the annexed drawings, which connects each point of 1,2,10,9,4,5,6,7,8, and 1 of the annexed drawings, and installed the transmission line on the ground of 2,634 square meters in order to connect each point of 2,634 square meters in the annexed drawings.

【In the absence of dispute, Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 1 (including the number of pages), the result of the appraisal of rent for appraiser F of this court, the issue of the claim for removal (the abuse of rights in the claim for removal) of the entire pleadings, and the parties' assertion [the defendant's assertion] of the land in this case is a mountainous district in which the ownership or reclamation of the building is difficult, and it is almost limited to the use of the land due to the existence or passage of the transmission tower and power transmission line, and there is no particular obstacle to the use of the land by land category.

In addition, the plaintiffs were aware that the transmission tower and the transmission line are installed, and there was no objection to the purchase of the land by allowing them to acquire the ownership, and to remove them until the filing of the instant lawsuit.

On the other hand, the transmission tower and the transmission line of this case are very strong in the public interest as a transmission transformation facility, and they are removed.

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