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(영문) 인천지방법원 2014.12.05 2014구합30729
항만시설 사용권 확인 등
Text

1. As to the real estate stated in paragraph (2) of the attached list to the Plaintiff, the total amount of rent from April 8, 2002 to KRW 1,265,379,638.

Reasons

1. Basic facts

A. The Plaintiff related to the parties is a corporation established under the Korea National Tourism Organization Act to carry out projects concerning promotion of tourism, development of tourism resources, research and development of the tourism industry, and fostering and training of experts related to tourism, and the Defendant is a corporation established under the Port Authority Act to enhance expertise and efficiency in the affairs concerning the development, management and operation of harbor facilities.

B. The Plaintiff’s right of free use 1) The Korea Coast Guard, the Office of Management of Incheon Regional Maritime Affairs and Fisheries, the Office of Management of the Incheon Regional Maritime Affairs and Fisheries, shall “the construction of the 2 International Passenger Terminal Construction Corporation within the Incheon International Passenger Terminal Construction Corporation” (hereinafter “the construction of this case”).

(2) On March 30, 2001, the head of Incheon Regional Maritime Affairs and Fisheries issued a permit to implement a harbor project with a non-management authority. The plaintiff agreed to participate in the project in the project in this case to share construction expenses and divide the right to free use of harbor facilities with respect to the project in this case. On April 12, 2001, the head of Incheon Regional Maritime Affairs and Fisheries additionally appointed the plaintiff to the project in this case as the project implementer. On April 8, 2002, the construction in this case was completed on April 3, 2002.2) The head of Incheon Regional Maritime Affairs and Fisheries Office decided as KRW 10,962,626,000 of the project expenses invested in the project in this case as of June 3, 2002. Accordingly, the plaintiff and the Korea International Maritime Affairs and Fisheries Office requested the Incheon Regional Maritime Affairs and Fisheries Office to compensate for the project expenses.

3) On August 30, 2002, the chief of the Incheon Regional Maritime Affairs and Fisheries Office shall effect on the Plaintiff the former Enforcement Decree of the Harbor Act (amended by Presidential Decree No. 19174, Dec. 9, 2005; hereinafter the same applies).

Articles 19 and 21(1)8 of this Act and the provisions on the use of harbor facilities and user fees of trade ports (Notice of the Ministry of Oceans and Fisheries No. 2001-98, hereinafter the same shall apply)

(B) in accordance with Article 9, the following [as indicated in Table 1]:

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