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(영문) 수원지방법원 2018.11.13 2017가단525605
토지인도
Text

1. The defendant shall be the plaintiff.

(a) 1,973,314 won and the rate of 15% per annum from September 12, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant entered into a land lease agreement (hereinafter “instant transmission tower lease agreement” and “instant transmission line lease agreement”) with C with respect to the land of 44,727 square meters of B forest land (hereinafter “land before subdivision”) prior to subdivision and paid rent.

C,745㎡ C on August 14, 1998, 12 square meters in the period of 135,000 square meters in the period of 12 square meters in the land before dividing the period of 135,000 won in the steel tower on August 26, 1978 among the land before dividing the period of 135,00 won in the term of 14,605,50 won in the period of use for the lease contract for the land contractor.

B. Since then, the Defendant, as indicated in the annexed Form, installs and manages the steel tower and the power transmission line (hereinafter “the instant transmission tower”) on the land prior to subdivision, as indicated in the annexed Form.

C. Since the land before subdivision was divided into B forest No. 34,920 square meters (hereinafter “instant land”), D, E, F, G, H, and I. Accordingly, if the area was divided into the electric transmission tower and electric transmission line, the instant land is divided into 40 square meters of the steel tower site, 5,154 square meters of the straight site, 171 square meters of the straight site, 78 square meters of the straight site, and 115 square meters of the straight site on G land (a total of 5,518 square meters).

C A. On June 15, 2011, the Plaintiff died, and the Plaintiff acquired the ownership of the instant land on April 17, 2012 as the heir of the deceased C (hereinafter “the deceased”).

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 6 evidence, Eul 1 (including each number), the purport of the whole pleadings

2. Determination as to the request for removal and delivery

A. The Plaintiff’s assertion 1) The term of lease of the instant transmission tower set the term of lease on the steel tower. However, the instant transmission tower does not constitute a solid building or other structure as prescribed by Article 651(1) of the former Civil Act (amended by Act No. 13710, Jan. 6, 2016). Thus, according to the foregoing provision, the said lease contract is concluded on August 26, 1998 when 20 years elapsed from the date of the contract.

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