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(영문) 서울서부지방법원 2016.09.08 2015가단15446

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 17, 1992, the Defendant concluded a superficies contract for the construction and ownership of the steel tower site and the power transmission line with respect to the instant land (hereinafter “instant superficies contract”). The instant land was originally owned by Pyeongtaek-si B, 263 square meters (hereinafter “instant land”).

B. According to the instant superficies contract, the Defendant paid KRW 3,904,00 to the Deceased as a land rent, and the said land rent includes KRW 1,870,000 on the steel tower site of KRW 187 square meters, and KRW 2,034,00 on the land for transmission line of 678 square meters, and the duration of superficies is the duration of the structure, such as steel tower, from the date of conclusion of the contract.

C. On the other hand, with respect to the instant land on February 19, 192, the Defendant completed the registration of creation of superficies with the content of “construction and ownership of steel towers and power transmission lines”, “187 square meters in the end of the two Koreas”, “the period during which steel towers and power transmission lines continue to exist”, “3,904,00 won”, “the total rent within the superficies duration includes land rent for the person holding superficies to construct and own transmission lines in the space above the land,” and “the person holding superficies” as “the Defendant”. At that time, the Defendant installed the special high voltage power transmission lines of 345 KV on the instant land and used and managed them.

As the deceased died, the plaintiff completed the registration of ownership transfer on November 7, 1994 on the land of this case on the grounds of division of inherited property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant set superficies on the land of this case for the construction and ownership of transmission towers and transmission lines, but the scope of superficies is limited to the area stated in the real estate registration book. However, according to Article 140 (1) of the Rules on the Standards for Electric Installations, in the case of special high voltage processing cable, the distance from the ground structure is basic distance.