유익비상환청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is the owner of the Gu-si government-dong 222-22 and the underground road shopping mall (hereinafter “government-based underground road shopping mall”) on the 5 lots of land, and the Plaintiff is a company established on February 20, 2013 for the purpose of managing the Gu- Government underground road shopping mall.
B. Pursuant to Articles 23 and 25 of the former Urban Planning Act (amended by Act No. 4541, Mar. 6, 1993) and Article 28 of the former Enforcement Decree of the Urban Planning Act (amended by Presidential Decree No. 1381, Dec. 31, 1992), a construction industry company and a Gyeongwon Urban Development Company were authorized to implement a project for the creation of a governmental station, underground passage and underground shopping mall, which was completed after completion of construction, donated the underground passage space to the defendant and received a permit for free use from the defendant from May 6, 1996 to May 5, 2016.
After its establishment, the Plaintiff became the joint management right holder of the Gu's underground road shopping mall together with the above company.
C. On September 15, 2014, the Plaintiff: (a) filed an application with the Defendant for authorization on the designation of a project implementer and an implementation plan with respect to the establishment of facilities (e.g., Esplate; hereinafter “instant Esplate”); and (b) on November 14, 2014, the Defendant approved the said project implementer’s designation and implementation plan with respect to the Plaintiff.
The authorization of the above implementation plan is owned by the Defendant, the managing authority, and the project implementer, the Plaintiff, the project implementer, bears the maintenance and management of the instant escalator and the expenses incurred in its possession until May 5, 2016, when the period of possession and use of the instant escalators expires. D.
On November 14, 2014, the Plaintiff’s construction price of KRW 1,650,00,000 (including value-added tax) and the construction period on November 1, 2014, with respect to the creation work of the instant escalator between the Main Construction Co., Ltd. and the Plaintiff.