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(영문) 인천지방법원 2016.08.30 2015가합56167
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relation 1) On January 10, 2004, the Plaintiff is a corporation established by the investment of 44 small and medium-sized logistics enterprises, etc. for the purpose of gathering, loading, unloading, classification, storage, customs clearance, cargo terminal business, bonded transportation business, etc., and the Plaintiff is a Incheon International Airport Free Trade Zone Industrial Complex (hereinafter “instant airport logistics complex”) located in Jung-gu Incheon International Airport Free Trade Zone (hereinafter “instant airport logistics complex”).

(2) The Defendant is the owner of land within the airport logistics complex of this case while carrying out the management and operation of the Incheon State's supply port and its related business.

B. (1) On March 18, 2004, the Plaintiff entered into a lease contract, etc.) from the Defendant and the Defendant, the owner of the instant airport logistics complex, 79,071 square meters of the instant airport logistics complex (hereinafter “instant land”).

) The concession agreement was concluded regarding the implementation of the project of the Incheon International Airport Free Trade Zone (hereinafter “instant concession agreement”) with the content of leasing B by March 30, 2054 (hereinafter “instant concession agreement”).

(2) After the instant lease agreement, the Plaintiff invested approximately KRW 29.5 billion and constructed an air freight storage facility of a size of 49,260 square meters on the ground of the instant land, and operated it from April 11, 2006 to the present day.

3) The Plaintiff has paid the monthly rent to the Defendant every quarter after the conclusion of the lease agreement. (c) On June 22, 2011, the Ministry of Land, Infrastructure and Transport (the Ministry of Land, Transport and Maritime Affairs at that time) announced a policy on incentives for land rent (hereinafter “instant incentive system”) to strengthen incentives for companies investing in the logistics complex to revitalize the logistics complex behind Incheon International Airport. The key contents are as follows: (a) the reduction of land rent for the invested amount applied only to foreign companies during the following period is extended to the domestic companies; and (b) the import of goods from foreign countries.

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