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1. Of the judgment of the first instance, the part on the principal lawsuit and counterclaim between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
Reasons
1. The facts following the facts of the foundation do not conflict between the parties, or can be found as whole in Gap evidence Nos. 1 to 5, 7 (if there are additional numbers, including their numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 8, 11, Eul evidence No. 1, 2, 2, 2 and 5, together with the purport of the whole pleadings.
Plaintiff
(1) On November 30, 1979, the Plaintiff entered the land use relation between the Ministry of Communications and the Korea Railroad (hereinafter “instant land”), with respect to the land listed in Annex 4 List No. 1 (hereinafter “instant land”) on November 20, 1972, with respect to the land listed in Annex 2 (hereinafter “instant land”); on August 22, 1932, the land listed in Annex 3 (hereinafter “instant land”); on August 22, 1932, each management authority completed the registration of ownership preservation in the Plaintiff’s name, each of which is the “railroad” under the Plaintiff’s control; and thereafter, the Korea Railroad has managed each of the instant land.
(2) Pursuant to Article 23 of the former State Property Act (wholly amended by Act No. 4698 of Jan. 5, 1994; hereinafter “former State Property Act”) and Article 15 of the Enforcement Rule thereof (wholly amended by Ordinance of the Ministry of Finance and Economy No. 1991 of Jul. 4, 1994), the Ministry of Communications and the Korea Railroad made a “permission for commercial use of State property” with the content that the Ministry of Communications would pay a certain fee to the Korea Railroad and use each land of this case (hereinafter “the permission for commercial use”). The main contents are as follows.
Article 1 (Purpose of Use) The purpose of use shall be the site of a mechanical, chemical, railroad and postal transport station.
Article 2 (Period of Use) The period of use from October 1, 1986 to December 31, 198 shall be from October 1, 1986.
Article 3 (User Fee) User Fees shall be the separate payment notice amount each year.
In cases falling under any of the following subparagraphs, the property permitted at any time: