지료
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. On September 16, 2015, the Plaintiffs acquired ownership of each land listed in the separate sheet (hereinafter “instant land”).
On February 20, 1990, the defendant entered into a contract to establish superficies on the construction and ownership, etc. of steel tower with C who was the owner of the land of this case, and completed the registration of creation of superficies on March 3, 1990, and accordingly, paid rent to C in lump sum.
Purposes: The period of existence of 190 square meters on the south-dong side (applicable to the land specified in paragraph (2) of the attached Table): The period during which the steel tower exists: the special agreement of KRW 8,084,800 on the land of the superficies: The total land price of the superficies shall be paid in a lump sum, and the rent shall not be increased during the duration.
Of the instant land, the rent for the portion, the use of which is restricted due to the power transmission line and the steel tower, among the instant land, is limited by the degree of KRW 769,234 per month from September 16, 2015 for each Plaintiff’s share (=614,859 KRW 154,375).
[Ground of recognition] Unsatisfy, Gap 1-3 evidence, Eul 1-3 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. The parties’ assertion filed a claim for return of unjust enrichment against the Defendant, who is the owner of the steel tower established on the ground of the instant land and the power transmission line, the Defendant registered a special agreement prohibiting the increase of superficies with C, which is the previous owner of the instant land (hereinafter “special agreement prohibiting the increase of superficies”). As such, the Plaintiffs may not claim for the increase of the royalty.
B. If the rent of superficies is not reasonable due to increase or decrease in taxes or other burdens on the land or changes in the price of the land, the parties to the contract may claim an increase or decrease thereof, but if the parties to the contract are for the benefit of the superficies, the parties to the contract may effectively agree that the rent will not be increased in future.
(see Articles 286 and 289 of the Civil Code), provided that such fees are: