1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. In order to contribute to the development of the railroad industry and the national economy by enhancing the expertise and efficiency of the railroad operation, the Plaintiff is a corporation established by investing the entire capital in accordance with the Korea Railroad Corporation Act, and the Defendant is a corporation established by investing in the Seoul Special Metropolitan City in full in order to contribute to the development of urban traffic and the promotion of citizen's welfare through the construction and operation of subway roads in accordance with the Local Public Enterprises Act and the Seoul Special Metropolitan City Ordinance.

B. The land of this case was originally managed by the Korea Railroad. The land of this case was owned by the Plaintiff on March 2, 2005, on the ground that the Plaintiff was an investment in kind on January 1, 2005 with respect to part of the land around the Seoul Station, including the land of this case, and the ownership transfer registration was completed in the Plaintiff’s future on March 2, 2005.

C. The Defendant’s subway 1 Line Seoul Station is located under the instant land and its surrounding land. Some of the underground parts of the instant land are used as part of the passage way to embark in the subway station or to leave it from the opening space to another place (hereinafter “instant passage”), and the remainder of the passage route is located under the ground of the State-owned land.

On March 20, 2008, the Defendant entered into an advertising agency contract with ASD Co., Ltd. with the contract amount of KRW 8 billion, which provides that the said company may manufacture and install advertisements and advertising facilities in the electric trains and stations of subway 1 (the contract volume is 4,340 advertisements in the electric trains (160) and 759 advertisements in the reverse stations (the contract volume is 4,340 advertisements in the electric trains (160 units) and the advertisement in the reverse stations (9 stations) combined with lighting advertisements and posters advertisements) on April 25, 201 when the contract term expires.