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(영문) 서울고등법원 2016.04.28 2014나2050942
지상권지료증액
Text

1. The plaintiffs' appeal and the first preliminary claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and the Defendant is a public corporation established for the purpose of developing, transmitting, distributing, and conducting affairs related to electric resources, and installing and using transmission towers or transmission lines on each of the instant real estate and over the airspace above the real estate.

B. On November 15, 198, S and the Defendant concluded each superficies contract (hereinafter “each of the superficies contract of this case”) with respect to the land of 3,902 square meters in Kimpo-si, Kimpo-si, and with respect to the ownership and management of the power transmission tower, etc. installed on each of the instant real estate, the term of existence was determined as “the duration of the electric structure (the steel tower and the power transmission line)” to set the superficies for the Defendant as “the duration of the electric transmission tower, etc. installed on each of the instant real estate,” and paid a certain amount of money in return for the establishment of superficies to the Defendant.

C. Article 1 of each of the contract establishing superficies of this case states that the person who created superficies of this case shall set superficies on the land owned by him for the purpose of constructing and owning electric structures (a steel tower and transmission line).

The article 2 of the above contract of superficies states that the land rent for superficies includes the gold tower site and the land rent for the transmission line site, and that the scope of the creation of superficies is the steel site.

However, the contract to establish a superficies concluded by the plaintiff B et al. is limited to the specific area of the site for transmission line and the amount of the land rent for it.

E. The terms and conditions of each of the above superficies contract include a lump-sum payment agreement that pays the total rent for the duration of the superficies at a time, a special agreement that does not increase the rent for the duration of superficies (hereinafter “the special agreement on the increased amount”), and the land rent that the person with superficies constructs and owns transmission lines on the land.

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