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(영문) 수원지방법원평택지원 2017.11.15 2016가단40502
부당이득금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On February 22, 1980, the Plaintiff classified the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “B”) into a clan, the real estate listed in paragraphs (2) through (4) of the attached Table No. 2 of September 28, 1979, and the real estate listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 2 as of September 28, 1979 into “C land”, “real estate listed in paragraph (3) as “E land”.

Each acquisition of ownership on the ownership.

B. On May 12, 1982, the Plaintiff and the Defendant entered into a superficies contract with the following terms for the construction and ownership of the steel tower of the power transmission line and the power transmission line with respect to the size of 113,817 square meters of Pyeongtaek-si, a land prior to the division of each real estate listed in the attached Table 2 through 4, which is the land before the division of each real estate listed in the attached Table 2 to the Defendant.

(2) On July 29, 1982, the establishment registration of superficies (No. 1446) was completed on July 29, 1982. The founder of superficies under Article 1 of the important matters stated in the contract (No. 6) shall establish superficies on real estate (land) for the purpose of constructing and owning electric structures (a steel tower and power transmission line) at the end of his own possession, and the owner or his designated person shall not construct or transplant the buildings or other structures on this land without consent. Article 2(1) of the Act provides that the rent for this superficies shall be KRW 1,050,815 per day. (2) The rent for the steel site shall be KRW 124,700 and KRW 920,115,000 of the land rent for the steel site and KRW 3518,900 of the site for transmission, and shall be included in the scope of the duration of the superficies as set forth below.

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