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(영문) 서울중앙지방법원 2013.02.07 2011가합102849
지상권확인등
Text

1. The Plaintiff (Counterclaim Defendant) shall:

A. Defendant (Counterclaim Plaintiff) is KRW 15,510,973,930 for a financial investment business corporation.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions of Gap evidence 1 to 5, Gap evidence 7, Eul evidence 1, 2, 11, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply) and the whole purport of the pleadings:

On November 30, 1979, the Plaintiff completed the registration of initial ownership in the Plaintiff’s name, each of which is the Korea Railroad Authority under its control, on November 20, 1972, on the land listed in paragraph (2) of the same Table (hereinafter “instant land”) on November 20, 1972, on the land listed in paragraph (3) of the same Table (hereinafter “instant land”). On August 22, 1932, on the land listed in paragraph (3) of the same Table (hereinafter “instant land”). The Plaintiff completed the registration of initial ownership in the Plaintiff’s name, each of which is the Korea Railroad Authority under its control, and thereafter the Korea Railroad has managed each of the instant land.

B. On September 1986, the Ministry of Communications and Railroad under the Plaintiff prepared a "written permission to use and benefit from state property for consideration" with the content that the Ministry of Communications pays a certain fee to the Korea Railroad and uses each of the land of this case (hereinafter the "written permission to benefit from use of state property of this case") in accordance with the former State Property Act (amended by Act No. 4698, Jan. 5, 1994; hereinafter the "former State Property Act"), which was in force at that time. 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 any of the following cases, permission for use may be revoked for all or part of the property permitted at any time:

1. Where required for official, public or public projects;

2. Where he subleases or transfers his rights to the permitted properties; and

3. When he violates this condition of permission.

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