(영문) 의정부지방법원 2017.05.16 2016나52938

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(영문) 의정부지방법원 2017.05.16 2016나52938

부당이득금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff owned the Plaintiff, on July 20, 1989, completed the registration of ownership transfer, and thereafter owned the instant land up to the present day. The Plaintiff acquired the ownership on July 20, 1989, with respect to the 4,707 square meters (the previous 4,615 square meters on October 1, 2009, the previous 4,615 square meters on which C had been combined; hereinafter “instant land”).

B. On December 11, 1992, the Defendant: (a) concluded a superficies contract with the Plaintiff on the steel tower site and the site for transmission line near the south-dong boundary line; and (b) completed the registration of the creation of superficies (hereinafter “the superficies of this case”); (c) paid rent therefor; and (d) had the superficies so far; and (c) attached appraisal was also connected in each point of (8) part 749 square meters in the vertical airspace of 154kV (hereinafter “the instant vessel”) and owned and managed the high voltage transmission line (hereinafter “the instant vessel”) over the vertical airspace of 42,27 through 30, 41, and 42 of the instant land.

Article 1:The person who has created superficies (Plaintiff) shall indicate real estate (land): with respect to the area of 4,615 square meters wide from the end of his own possession, the owner of the superficies or the person who has established superficies on the superficies (the defendant) for the purpose of constructing and owning electric structures (a steel tower and transmission line) and for the purpose of owning them, shall not construct buildings or other structures on this land without the consent of the defendant.

Article 2:1. The rent for superficies shall be one hundred thousand won per annum.

② The instant piece of land includes KRW 80,000,000,000 won for the land on a steel tower site of KRW 80 square meters, and KRW 1,063 square meters for a power transmission line site of KRW 1,063 square meters, and KRW 96.85 square meters for another lot of land, and the scope of the creation of superficies is the steel site.

(A) Article 5: If the area to which superficies are to be created is part of a certain land, the drawing shall be specified separately.

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