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(영문) 의정부지방법원 2017.04.27 2016나59625

지료

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs regarding the land listed in paragraph 1 of the attached Table shall be revoked.

The defendant is respectively.

Reasons

1. Basic facts

A. On February 20, 1990, C entered into a contract with the Defendant to establish superficies with respect to the land size of 5,894 square meters, E, as the owner of the land, as follows:

(hereinafter referred to as the “instant superficies contract”). A person who has created superficies and a person who has created superficies under Article 1 of the Convention on the Establishment of a Superficies for the purpose of construction and ownership of electric structures (a steel tower and transmission line) on real estate which was conducted at the end of his own possession.

Article 2 (1) Land rent shall be KRW 8,084,00.

② The above land rents include KRW 3,040,000 and KRW 5,044,800 for the land on the steel tower site of KRW 190 square meters, and the land rents of KRW 1,051 square meters for the power transmission line site. The scope of the creation of superficies is the steel tower site.

A special agreement: A lump sum payment of KRW 8,084,00 for the total land price for the duration of superficies shall be made, and no rent shall be increased during the duration of superficies.

The land rent includes the land rent that the superficiary may construct and own a power transmission line in the space on this land.

B. On March 3, 1990, the Defendant completed the registration of creation of superficies with respect to E field E, 5,894 square meters on March 3, 199.

(hereinafter referred to as the “registration of creation of superficies of this case”). The total land fees of the superficies of KRW 8,084,80,00 for the period during which a steel tower with the duration of 190 square meters on the south-dong side of the boundary of ownership exists shall be paid in lump sum, and the land fees of the superficies of KRW 8,084,80 shall not be increased during the duration.

This paper also includes the power line rent.(C) This paper includes the power line rent.

After that, on June 2, 2000, the E-Yan City, on June 2, 2000, the land was divided into the land indicated in paragraph (2) of the attached Table (K 190 square meters, “Li” as “Lidong”; hereinafter, “instant land”) and divided into the F 1,99 square meters, G 1,320 square meters, G 1,90 square meters, H 64 square meters, one 301 square meters, J 300 square meters, and 30 square meters, and the land indicated in paragraph (2) of the attached Table (hereinafter, “instant land”).

The steel tower established by the defendant exists on the ground of the land No. 2 of this case, as above.