The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Facts of recognition

A. The Plaintiff is the owner of B 1,388 square meters prior to the city of official residence (hereinafter “instant land”). The Defendant is a public corporation established for the purpose of developing electric resources, transmitting, distributing, and conducting affairs related thereto, and is installing and using transmission towers or power transmission lines on the land and the airspace above the instant land.

B. On September 11, 1987, the Plaintiff’s attached, and the Defendant concluded a superficies contract (hereinafter “instant superficies contract”) with the purport of constructing and owning a transmission tower, etc. installed on the instant land with respect to part of the instant land (210 square meters in a steel site D at the time), setting the duration as “the period during which a steel tower and transmission line exists” and “2,209,570 won,” and setting the rent as “2,570 won,” with respect to which the Defendant would create superficies.

C. Article 1 of the superficies contract of this case states that the person who created superficies of this case stipulates that the person who created superficies shall set superficies on the real estate owned by him for the purpose of constructing and owning electric structures (a steel tower and transmission line). Article 2 states that the rent for superficies includes rent for the steel tower site (210 square meters) and the power transmission line site (298 square meters) and that the scope of the creation of superficies is the steel tower site. The special agreement states that the scope of the establishment of superficies is the steel tower site. The special agreement states that a lump sum payment agreement for the total rent for the duration of superficies is to be paid in a lump sum, that a payment agreement for the total rent for the duration of superficies is not to be increased during the duration of superficies, and that a provisional agreement for the increased amount of rent is "the additional agreement".

In addition, the above land rent includes the land rent from the person with superficies to construct and own transmission lines on the land. D.

The defendant completed the registration of creation of superficies on October 28, 1987, according to the registration of creation of superficies of this case.

E. C donated the instant land to the Plaintiff on April 6, 2012, and the Plaintiff as to the instant land on April 13, 2012.