철탑구조물철거 및 토지인도
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 30, 1980, the land of this case was registered as the joint oil of the plaintiff and C on January 4, 1994, and the registration of ownership was changed solely by the plaintiff on April 21, 1994.
Since then, the registration of transfer was completed on December 2, 2005 with respect to the portion of 3,127/332,498 out of the land in this case as the Foundation for the Maintenance of Mancheon-gu, Incheon Metropolitan Government on Apr. 30, 2010, the registration of transfer was completed in the name of the plaintiff on Apr. 30, 2010, the plaintiff owned the land in this case solely.
B. On September 9, 1997, the Plaintiff entered into a contract with the Defendant to establish and possess electric structures (a steel tower and transmission line) on the ground of 516m2 to be used as a steel tower among the instant land as follows:
(hereinafter “instant superficies contract”). At the time, the land rent was set at KRW 86,702,00, and the said land rent was set at KRW 10,951,500 on the steel site and KRW 75,750,500 on the steel site and KRW 11,897 on the steel site, and the scope of the creation of superficies was set at the steel site.
C. According to the instant superficies contract, on October 27, 1997, the registration of the creation of superficies against the superficiary was completed, and the contents of the registry are as follows.
- Purpose: Construction and ownership of steel towers and power transmission lines - Scope: Period of existence of steel tower and power transmission lines - Period of existence of steel tower and power transmission lines in the southwestwest: The total land price of the superficies duration shall be paid at a time and the rent of KRW 86,702,00 shall not be increased during the duration of superficies.
The purpose of this land is to construct and own power transmission lines on the land by the superficiary.
Since then, the Defendant set up a steel tower on the instant B’s land, and installed a steel tower (hereinafter “the instant steel tower”) on the ground of the wife population D (hereinafter “the adjoining land”), which is adjacent to the instant land, on the land, and one of five square meters among them.