Law Firm Changchun acted for the owner of land beneath transmission lines owned and managed by Korea Electric Power Corporation in a claim for return of unjust enrichment on the ground that use of the airspace above the land was restricted, and obtained judgment against Korea Electric Power Corporation in full (Suwon District Court, Apr. 28, 2023, 2021Na105269).
The landowner had purchased and held land in Ansan since around 2005. Korea Electric Power Corporation had installed transmission lines over that land in the past, and after it applied for a use adjudication in 2021 the Central Land Expropriation Committee issued a use adjudication on July 7, 2021 and, following the landowner's objection, an objection adjudication on September 16, 2021.
Acting for the landowner, Law Firm Changchun brought administrative proceedings challenging the use adjudication and the objection adjudication, and obtained a recommendation for settlement in the landowner's favor as to compensation for the period after July 7, 2021. Because use fees for the period before July 7, 2021 were not covered by those adjudications, however, a separate claim for return of unjust enrichment was needed for use of the airspace before that date.
Law Firm Changchun accordingly claimed against Korea Electric Power Corporation, for the period within the ten-year limitation period, the maximum amount available — including interest and default interest running from the date the use fee accrued each year — and prevailed in full.
Notably, when the appraisal conducted during the proceedings valued the use fees lower than expected, Law Firm Changchun emphasized the unfairness of that valuation and applied for a re-appraisal. The Suwon District Court exceptionally granted the application and adopted a re-appraisal that produced a higher figure than the original.
Beyond disputes over return of unjust enrichment arising from occupation of land by the State and local governments, Law Firm Changchun represents clients in many real estate disputes, providing the most effective legal services available.