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(영문) 대전지방법원 2017.02.15 2015가단220396
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established to ensure the efficient construction and management of railroad facilities and other projects related thereto under the Korea Rail Network Authority Act.

B. The Defendant is a corporation established under the Korea Railroad Corporation Act to contribute to the development of the railroad industry and the national economy by enhancing expertise and efficiency in the operation of the railroads. The Defendant’s capital is 22 trillion won. The State invested the entire amount, and the State made a contribution in kind to the Defendant of the property and facilities acquired or to be acquired by the Korea Railroad Corporation, etc. for the main purpose of railroad operation, etc.

(Article 4). (c) The Korea Railroad Corporation

The Plaintiff acquired real estate, such as a site necessary for the construction of a railroad, and completed construction of railroad facilities such as a railroad on the ground, and after completion of the construction of the railroad facilities, the Plaintiff is obliged to transfer all the ownership of the relevant railroad facilities, including land and buildings, to the State in accordance

The plaintiff constructed "Seong-dong 172 on the ground well-owned land (hereinafter referred to as "Seong-dong"), and completed the registration of preservation of ownership on July 20, 201 by the Northern District Court of Seoul Northern District (Seoul Northern District Court) Registry No. 67258, and completed the registration of ownership transfer to the State as of May 20, 2015, and completed the registration of ownership transfer to the State as of the receipt No. 60933 on May 20, 2015, and constructed "Seng-dong 37-2, Seoul, and the Seoul Western District Court of Seoul Western District as of December 9, 2010 and completed the registration of ownership transfer with the receipt of the register No. 2953 on May 21, 2012.

(5) The State shall (1) Railroad passenger services, cargo transportation services, connected transportation services with railroads and other means of transportation,2) manufacture, sale, maintenance and lease services for railroad equipment and railroad supplies,3 maintenance and lease services for railroad cars, and (4) maintenance and repair of railroad facilities, etc.;

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