1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

1. Facts of recognition;

A. On January 1, 2005, the Plaintiff was a special corporation established by the Korea Railroad Corporation Act to carry out a key industry related to railroad across the country, and was established by the former Railroad Corporation pursuant to the Framework Act on Railroad Industry Development and the Korea Railroad Corporation. The Defendant is a company established for the purpose of steel bars, concrete construction business, development construction business, etc.

On the other hand, on January 1, 2004, the Korea Rail Network Authority (hereinafter “Korea Rail Network Authority”) was established for the construction and management of railroad facilities under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act, business incidental thereto, acquisition and management of real estate for the said business, etc., and was comprehensively transferred from the former Korea Railroad Authority the right to manage the facilities assets out of the railroad assets. Each of the buildings and sites of this case, as seen below, was transferred as “facilities assets under construction,” and was transferred the right to manage them.

B. Defendant’s contribution acceptance and gratuitous benefit acquisition 1) The head of the Seoul Regional Railroad Authority under the former Railroad Authority (hereinafter “Gu Railroad Authority”).

(2) On March 29, 1995, the Defendant applied for conditional permission for use of donations to use and benefit from the facilities by constructing passenger passage, service facilities, neighborhood living facilities, etc. on the ground on the part of 3,750 square meters out of 8,242 square meters of the unit C railway site in Ansan-si prior to the division that was owned by the Republic of Korea at the time (hereinafter referred to as "Ysan-si's Gdong site") to the Gu Office around October 20, 1999.

At the time of the above application, the Defendant indicated that “The period of use of the building and the rate of usage fee shall be implemented as stipulated or instructed by the office of Home Affairs.”

On February 17, 2000, the old Korean Railroad Agency granted conditional approval of the defendant's above acceptance of donation, and the defendant is a new building site.