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(영문) 수원고등법원 2020.05.14 2019나19487
정산금 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. On January 1, 2004, the Plaintiff merged the relevant organization of the Korea Railroad and the Korea High-Speed Rail Construction Authority, and comprehensively succeeded to the property, facilities, businesses, and their rights of the existing Korea Railroad Authority under Article 20(3) of the Framework Act on Railroad Industry Development and Article 20(3) of the Korea High-Speed Construction Authority Act.

B. At around 1937, several lines were constructed and opened as a short line railway connected to water source and Incheon by a shipbuilding train that is a private railway company, and in 1942, it was acquired as a shipbuilding railway company in 1942, and in 1946, it was nationalized under the military law and regulations of the United States, and the Plaintiff manages several lines at present. 2) At that time, several lines were suspended from operation on December 31, 1995, and around that time, the Korean Railroad Agency (hereinafter “the instant project”) began to review the project re-construction with a standard rail (hereinafter “the instant project”). On June 24, 2011, the Minister of Land, Transport and Maritime Affairs approved the implementation plan of the instant project and announced it.

3) After that, the Plaintiff requested the Defendant to have a consultation on the relocation of the transmission line crossing the sign line for the implementation of the instant project, the Defendant directly carried out the relocation construction works or entrusted the Defendant with the expenses to be borne by the Plaintiff who requested the relocation pursuant to Article 72 of the Electric Utility Act. (c) The Defendant, around November 1, 1979, is separate from the transmission line between the transmission line and the transmission line No. 345kVV No. 477, and the transmission line No. 48, which is the object of the relocation construction in this case, among the instant projects.

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