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(영문) 서울중앙지방법원 2015.05.07 2013가단272585
송진탑 철거 등
Text

1. The Defendant, on the land cadastral map of Annex 2 on the ground of Annex 1 attached hereto, shall be as follows: 1, 2, 3, 4, 5.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) and completed the registration of ownership transfer on March 30, 2005.

B. The Defendant, after setting up a transmission tower (hereinafter “instant transmission tower”) on the 102 square meters of the transmission tower, which connects each point of the attached Table 2 to the land cadastral map of the instant real estate 1,354 square meters, is in possession and management by linking the transmission line (hereinafter “instant transmission line”) with the 1,354 square meters of the land above 1,354 square meters, which successively connected each point of the attached Table 2 to the land cadastral map of the instant real estate 1,354 square meters.

[Ground of recognition] Facts without dispute, Gap evidence 8, Eul evidence 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Plaintiff’s legitimate exercise of ownership over the instant real estate is interfered with due to the installation of the transmission tower and the passage of the transmission line. Thus, the Defendant is obligated to remove the transmission tower and the transmission line on the ground of the instant real estate and deliver their respective sites to the Plaintiff, barring any special circumstances. (2) The Defendant’s business of installing the transmission line is aimed at promoting the stability of the demand and supply of electricity, and it is virtually impossible to remove the transmission tower and the transmission line and find out other places, while the Plaintiff’s request for removal is not significant, and thus, the Plaintiff’s claim constitutes abuse of rights.

(B) The following facts and circumstances, which may be acknowledged by the respective descriptions and images of Gap evidence Nos. 4, 5, 9, and 10 (including branch numbers), and the purport of the entire pleadings, are as follows. The plaintiff has a plan to operate B in the real estate of this case and to build C, etc., and the defendant is to own steel towers and power transmission lines on the neighboring land immediately.

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