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(영문) 부산지방법원 2014.02.12 2012가단590

토지인도 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 8, 2001, the Plaintiff is the owner who completed the registration of ownership transfer under his name with respect to the land for stock farms of 5,785 square meters (hereinafter “instant real estate”).

B. Around May 2008, the Defendant Korea Electric Power Corporation requested the Plaintiff to hold a consultation on the use of a transmission tower on the instant real estate, which led to consultation with the Plaintiff regarding the consent to use the instant real estate.

C. On March 19, 2009, the Defendant Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) concluded a superficies contract on the instant real estate owned by the Plaintiff with the Plaintiff [the ownership of the Defendant Korea Electric Power, the objective steel tower, and the power transmission line, and the ownership of the instant real estate in the direction of the inter-Korean boundary of the instant real estate, accompanied by a drawing within the scope of 780 square meters, from March 9, 2009 to the surviving existence of the steel tower and the power transmission line, the land rent of 5,421,00 won, the temporary payment of the due date] and divided superficies contract (the superficies, the construction and ownership of the objective electric transmission line, and the installation of the structure 2,968 square meters above the airspace above 57,123 meters above the surface of the land passing through the power transmission line in the direction of the South and North Korea, and each special agreement cannot be concluded within the scope of 6,529,60,600 won below each time limit of installation of the electric line.

(hereinafter collectively referred to as “each of the instant contracts”) D.

Each contract of this case is accompanied by a cadastral map in the attached form (However, there is an omission of the plaintiff's inter-party, and there is only a seal between the defendant's Korean power plant) and according to the aforementioned non-cadastral map, the location of the transmission steel tower is indicated as the same location as the original design location of 2.C. 2.C. (hereinafter "2.C. original design location").

E. The plaintiff is the same day.