1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As between March 9, 195 and B, the Defendant entered into a contract to establish a superficies for the purpose of construction and ownership of electric structures (a steel tower and transmission line) on the land of 3,354 square meters (hereinafter “land prior to the instant subdivision”) in Kimhae-si, Kim Jong-si (hereinafter “the land prior to the instant subdivision”), and the parts relating to the instant case are as follows:

- Land subject to superficies: 3,354 square meters among A Miscellaneous land in Kimhae-si 3,354 square meters - Land rent for superficies shall be 27,714,450 won.

The above land rent includes 11,716,50 won for the land for the steel tower site of 321 square meters, and 15,97,950 won for the land for the 1,461 square meters for the power transmission downstream site, and the scope of the creation of superficies shall be the steel site.

- The duration of superficies shall be the duration of the electric structure from the date of conclusion.

- Payment of 27,714,450 won in lump sum for the total length of superficies and of 27,714,450 won shall not increase rent for the duration of superficies.

B. The defendant completed the registration of creation of superficies of this case on May 26, 1995. The contents stated in the register are as follows.

- Cause: the purpose of the contract on March 9, 1995 - the construction and ownership of the steel tower and the power transmission line - the period of existence of the steel tower and the power transmission line - the period during which the steel tower and the power transmission line continue to exist - the special agreement shall be paid in a lump sum of twenty seven thousand, seven14,450 won for the total length of the superficies and the rent shall not be increased during the duration of the superficies.

The land rent includes the land rent that the person with superficies constructs and owns a power transmission line in the space on this land.

C. The Defendant completed the electric transmission line construction project around November 1995. The land prior to the instant subdivision is used only as 1,461 square meters of the electric transmission line lower site, and the electric transmission line was installed on the land adjacent to the land prior to the instant subdivision, Kim Sea City, which is owned by B and adjacent to the land prior to the instant subdivision.

The land before the division of this case was completed on June 28, 1997 for inheritance by consultation and division as of March 29, 197, and 1/3 for D, E, and F respectively, and thereafter on September 7, 2002.