지상물 매수에 따른 매매대금 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 27, 1997, the Plaintiff, a key telecommunications business operator under the Telecommunications Business Act, entered into a lease contract with the content that the Plaintiff leases 2,64.64 square meters of land for the purpose of using it as a site and access road for the facilities of mobile telephone and radio call base station, and 2,64.64 square meters of land for the purpose of using it as a site and access road (three lots of land, such as E, part of land, etc., at the present time after undergoing subdivision and registration conversion) for a lease period of 20 years, and installed a mobile telephone base station (building, container, steel tower, etc.) on the above ground.
B. After the death of C, the Defendant succeeded to C’s contractual status while solely inherited the said land by agreement division.
[Reasons for Recognition: No dispute between the Parties]
2. The plaintiff's assertion
A. On the above land, there are ground objects such as a communications steel tower established by the Plaintiff, and the Defendant refused to lease the above land and to renew the superficies contract, each of which was terminated at the expiration of the above period.
B. Accordingly, pursuant to Article 283 of the Civil Act or Article 643 of the Civil Act, the Plaintiff exercised the right to demand purchase of steel tower, container container, retaining wall, stone embankment, stone embankment, wall, gate, packing facility, etc., which is a ground object, against the Defendant, and the Defendant must pay the price for the ground object to the Plaintiff.
3. Determination
(a) Where necessary to install lines, etc. provided for telecommunications services to a key telecommunications business operator, the Telecommunications Business Act may use land of a third party, and in such cases, he/she shall consult with the owner or occupant of the relevant land in advance, and if no agreement is reached or no consultation is possible, the Act on Acquisition of and Compensation for Land, etc
) It grants strong authority to use another’s land (Article 72) in accordance with the provisions of the Act, and when the use of the land is completed, the land shall be restored to its original state and shall not be restored to its original state.