1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. B (hereinafter “B”) in Gyeongnam-gun, Gyeongnam-gun (hereinafter “B”) was registered as D.

D In D, ① E on May 16, 2002, ② F on June 12, 2002, ③ G was divided into D on May 2, 2007.

(hereinafter “instant real estate”). (b)

The Plaintiff completed the registration of ownership transfer by the Changwon District Court Branch of the Republic of Korea on May 29, 2007 as the receipt No. 12434 on the instant real estate.

C. On August 18, 1982, the Defendant entered the steel tower size into 211 square meters with respect to D land before subdivision, and set the superficies for ownership of steel towers and power transmission lines as follows:

(hereinafter “the instant superficies”). Construction of the objective steel tower and power transmission line, and the scope of ownership, and the aggregate of the land rent of KRW 11,950,00 for the period during which the steel tower and power transmission line continue to exist, shall not be paid at once, and the rent shall not be increased during the duration of existence of superficies.

The land rent includes the land rent that the superficiary may construct and own a power transmission line in the space on this land.

[Grounds for recognition] Gap evidence 1-8 and 9-1 and the purport of the whole pleading

2. The parties' assertion

A. The scope of the establishment of the superficies of this case is limited to 211 square meters, and the land rent is low, and the superficies of this case is established only for the ownership of a steel tower, not for power transmission lines.

The defendant shall, without any legal ground, obtain the profit equivalent to the rent corresponding to the divided superficies by installing the power transmission line over the real estate airspace in this case and occupying and using a part of the real estate airspace in this case, and shall return the amount equivalent to the rent to the plaintiff as unjust enrichment.

B. The superficies of this case include not only the steel tower but also the installation of power transmission lines.

3. Although the steel tower size is indicated on the superficies of this case as 211 square meters, the superficies of this case includes the purpose, duration, entries in the land rent register, and in particular, the land rent that the person with superficies constructs and owns electric transmission lines on the land of this case.