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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff completed the registration of ownership transfer on August 29, 1981 for the instant land based on sale on February 6, 1970.
B. On February 9, 1984, the Plaintiff and the Defendant concluded a superficies contract under the condition that the term of existence shall be determined as “the term of electric structures from the date of conclusion of the contract” for the construction and possession of electric structures (a steel tower and transmission line) to be installed on the land of this case and that the Defendant set the superficies to the Defendant as “the term of electric structures from the date of conclusion of the contract,” and in return, paid KRW 608,370 as land rent
C. Article 1 of the Agreement on Superficies of this case states, “The person who has established superficies shall set superficies to the superficies holder for the purpose of constructing and owning electric structures (a steel tower and transmission line) for the land in this case owned by him, and the owner of the superficies or his designated person shall not construct or plant the buildings or other structures on the land without the consent of the superficies holder.” Article 2 of the Agreement provides, “(i) the land rent for this superficies shall be KRW 608,370.” (ii) The land rent for this superficies shall be KRW 13,920 for the steel site and KRW 5,284,450 for the land rent for the power line site and KRW 594,450 for the power line site, and the scope of the establishment of superficies shall be the steel tower site.”
The term “special agreement clause” in the instant superficies contract states, “The total amount of KRW 608,370 shall be paid at one time for the duration of superficies, and the rent shall not be increased during the duration of superficies (hereinafter referred to as “the instant additional agreement”). This paper states, “The land rent includes the land rent following the construction and ownership of power transmission lines in the space on the land.”
E. On March 23, 1984, the Plaintiff completed the registration of creation of superficies on the instant land on the ground of the instant contract to establish superficies, but the said registration was completed.