(영문) 서울중앙지방법원 2016.05.13 2015나51240

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(영문) 서울중앙지방법원 2016.05.13 2015나51240

철탑구조물철거 및 토지인도

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On April 30, 1980, the land of this case was registered as the joint oil of the Plaintiff and C on January 4, 1994, and the registration of ownership was changed solely by the Plaintiff on April 21, 1994.

Since then, the registration of ownership transfer was completed on December 2, 2005 with respect to the portion of 3,127/332,498 of the land in this case as to the above portion on April 30, 2010, the Plaintiff owned the land in this case by himself as of December 30, 2005.

B. On September 9, 1997, the Plaintiff entered into a superficies contract with the Defendant for the purpose of constructing and owning steel towers and transmission lines on the ground of 516m2 to be used as a steel tower among the instant land as follows (hereinafter “instant superficies contract”).

Article 2 of the Agreement on Superficies of this case states that “The land rent for the superficies of this case shall be KRW 86,702,00, and the said land rent shall include KRW 10,951,500 for the land for the steel site of KRW 516 square meters and KRW 75,750,500 for the land for the power transmission downstream site of KRW 11,897, and the scope of the creation of superficies shall be the steel site.”

(A) 14.c.

According to the contract to establish superficies of this case, on October 27, 1997, the registration of the creation of superficies for the defendant with superficies was completed, and the contents of the registration are as follows.

- Purpose: Construction and ownership of steel towers and power transmission lines - Scope: Period of existence of steel tower and power transmission lines - Period of existence of steel tower and power transmission lines in the southwestwest: The total land price of the superficies duration shall be paid at a time and the rent of KRW 86,702,00 shall not be increased during the duration of superficies.

The purpose of this land is to construct and own power transmission lines on the land by the superficiary.

Since then, the defendant set up a steel tower on the land of this case.

On the other hand, the defendant has a boundary with the land of this case and "the wife population D" below adjacent to the land of this case.

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