손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Korea Rail Network Authority, upon authorization for the implementation of the project, has implemented a long-sea line improvement project, including red stations with the authorization of the Minister of Land, Infrastructure and Transport, and publicly announced the public tender for the selection of users of state property to select parking lots as to the Hongsung-Seoul Hong-gun, Hongsung-gun and 11 lots near the red station (hereinafter “instant land”).
After the Plaintiff participated in the bid and was selected as the successful bidder on August 11, 2011, the Plaintiff obtained permission from the Korea Rail Network Authority to use State property with the annual usage fee of KRW 9,340,330 for the land of this case from August 12, 201 to August 11, 2016.
On October 12, 2011, the Korea Railroad Corporation announced a bid to select a parking lot business entity with respect to land (hereinafter “instant land No. 2”) located near the Red Station, Hongsung-gun, Hongsung-si, Hongsung-si, Hongsung-si and two parcels (hereinafter “the instant land”).
After the Plaintiff participated in the bid and was selected as successful bidder on November 21, 201, the Plaintiff concluded a lease agreement with the Korea Railroad Corporation and the second land of this case with the term of lease from December 1, 2011 to November 30, 2014, with the annual rent of KRW 37,120,000.
On January 2012, the Plaintiff filed an application with the head of Hongsung-Gun for authorization of an implementation plan for the urban planning facility (parking lot) project with the content of installing a parking lot on the land of this case, and obtained authorization on March 2012.
The Plaintiff is running the parking lot business (hereinafter “instant parking lot”) since around August 2012 after completing the new construction of the parking lot and obtaining a certificate of completion inspection from the Hongsung head of Hongsung Gun.
On the other hand, the Korea Rail Network Authority implemented the access road construction of the Hong River basin as part of the project to improve the long line.
However, the Korea Rail Network Authority did not designate an urban planning road up to 253 meters (hereinafter “instant road”) as a stop parking place under the Road Traffic Act, even though the “A” distance from the front streets to the front of the red basin.