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(영문) 수원지방법원 2019.10.16 2017나84914
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff’s ownership of each of the instant real estate owns each of the real estate listed in the separate sheet Nos. 1 from February 22, 1980 and each of the real estate listed in the separate sheet Nos. 2, 3, and 4 from September 28, 1979.

(hereinafter the above real estate is classified into “real estate of this case,” etc., and in case of a common name, each real estate of this case shall be referred to as “each real estate of this case.” (b)

(1) On May 12, 1982, the Plaintiff concluded a superficies contract with the Defendant on May 12, 1982 with Pyeongtaek-si F, which is the land prior to the partition of each real estate as set forth in paragraphs 2, 3, and 4 of this case (hereinafter “instant superficies contract”).

(2) In the instant superficies contract, the Defendant paid KRW 1,050,815 to the Plaintiff as land rent, and the said land rent included KRW 124,700 on the steel tower site as land rent of KRW 142.3 square meters and KRW 920,115 on the site of transmission line site of KRW 3,518.9 square meters.

3) The duration of superficies is for the period from the date of conclusion of the contract to which electric structures continue (Article 6 of the contract), and the contents relating to this case in addition to the above contract are as follows. The developer of superficies has established superficies on the land (land) upon the end of his own possession for the purpose of constructing and owning electric structures (a steel tower and power transmission line) and on the land (land), and the owner or the designated person thereof shall not construct or transplant this land. The owner or the designated person thereof shall not, without consent, construct or transplant this building or other structures. The land under the special agreement shall not be paid at one thousand five hundred and fifty five hundred five days per day for the duration of the superficies, and the rent shall not be increased during the duration of the superficies. The land rent includes land rent according to the construction and possession of power transmission lines in the space under this land by the person holding superficies. 4) The defendant completed the registration of creation of superficies on July 29, 1982.

Of the above registrations, the term “construction and ownership of steel towers and power transmission lines”, and the scope thereof.

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