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(영문) 서울중앙지방법원 2014.07.17 2013가합61799
부당이득금 반환
Text

1. The defendant is a transmission tower and a transmission line with the attached Form 1, which are installed in the area of 12,923 square meters of forests and fields D in leisure time with the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs received 1/3 shares of forest land as stated in the disposition of 1981 (hereinafter “the instant forest”) from each of 1/3 shares, and completed the registration of ownership transfer in 195 and owned it until now.

The Defendant had installed, at his own discretion, the transmission towers and the transmission lines (hereinafter referred to as “the instant transmission facilities”) on the instant forest land, and used and managed them until now.

B. According to the criteria for the determination of the standards for the standards for the standards for the standards for the standards for the standards for the standards for electric equipment technology and the standards for the standards for the standards for electric equipment technology established pursuant to the Enforcement Decree of the Electric Utility Act and the Enforcement Decree of the same Act, the power transmission line, the voltage of which is 154kV, shall be installed at least 4.785m [=3m (154,000 - 35,000), 10,000 x

C. The amount equivalent to the rent for the use and management of the power transmission equipment of this case or the rent corresponding to the divided superficies is determined as having de facto changed the distance claimed by the Plaintiffs at the time of applying for the appraisal of rent (3m of this distance).

The amount corresponding to the meeting shall be as shown in attached Forms 2 and 3.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), the result of the appraisal of rent, the purport of the whole pleadings

2. Determination on the request for removal

A. According to the above facts finding as to the cause of the claim, since the defendant arbitrarily installed the transmission facilities of this case on the forest land of this case, thereby infringing on the plaintiffs' ownership, the defendant is obligated to remove the transmission facilities of this case.

B. The defendant's assertion and judgment are asserted as follows, but all of them are not accepted.

(1) The defendant raises a defense to the effect that the plaintiffs' withdrawal of the part of the lawsuit in this case and re-instigation of the lawsuit in this case violates the principle of good faith.

However, in light of the progress of the instant lawsuit, the Plaintiffs brought this part of the lawsuit.

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