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(영문) 서울고등법원 2014.10.23 2014나2001247
공사대금
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The court's explanation on this part of the basic facts is consistent with the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The attachment to the relevant Acts and subordinate statutes shall be as specified;

3. The reasons why the court should explain this part of the parties' arguments are with respect to the "Convention on the Promotion of Construction Works of this case" of 11th decision of the court of first instance as the "Convention on the Promotion of Project of this case", and 3. A.

2) Paragraph (a) (2) of this paragraph (12 pages 11 to 13) shall be deleted, and 3. A

2) Except for the addition of the following claims, the reasoning of the first instance judgment is as stated in paragraph 3, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Claim] Since Defendant Corporation, without any legal ground, obtained at least the development of historical sites equivalent to the construction cost incurred by the Plaintiff and benefits equivalent to the creation of historical buildings, the amount equivalent to the construction cost incurred by the Plaintiff should be refunded as unjust enrichment.

4. Determination

A. In the Framework Act on Railroad Industry Development enacted by Act No. 6955 on July 29, 2003, the scope of the Defendant Corporation’s investment in kind (the scope of succession) 1), in principle, a railroad facility is owned by the State; however, the State establishes the Railroad Facility Corporation under the Special Act by combining the relevant organizations of the Korea National Railroad and the Korea High-Speed Rail Construction Authority (Article 20(1) and (3) as an executing organization to carry out railroad facility-related affairs (Article 20(3)); and in principle, a railroad operation-related business is operated by a person other than the State in accordance with market economy principles; however, the State provides that the State shall establish the Defendant Corporation by converting the relevant organizations of the Korea National Railroad and the Korea High-Speed Rail Construction Authority (Article 21(1) and (3)) to operate the railroad operation-related business (Article 21(3)). In addition, the Minister of Construction and Transportation

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