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(영문) 서울행정법원 2018.05.03 2017구합61249
무상사용허가처분 무효확인 등
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Details of the disposition;

A. The Plaintiff is a company established for the purpose of steel bars, concrete construction business, development construction business, etc., and the Defendant is a corporation established on January 1, 2004 for the purpose of the construction and management of railroad facilities under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act and the business incidental thereto, and acquisition and management of real estate for the said business.

B. As the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act was enforced on January 1, 2004, which is the overall identity of the Defendant, the right to manage the facility assets among the railroad assets was comprehensively transferred to the Defendant from the former Railroad Authority.

(C) On March 10, 1995, the head of the Seoul Regional Railroad Administration (hereinafter referred to as the “Defendant”) under the Korea National Railroad Agency and the Defendant (hereinafter referred to as the “Defendant”) has obtained authorization of the implementation plan for B business (hereinafter referred to as the “instant business”).

On April 23, 1998, the Plaintiff applied for approval of the donation project on the C station transportation facilities and neighborhood shopping facilities construction constructed on the 65 parcel of land in Ansan-si D, Ansan-si, and on October 20, 1999, the Plaintiff stated that “the period of use of the building and the rate of use for the building will be fulfilled as stipulated or instructed by the Gu office,” and the Defendant granted conditional approval of the donation on February 17, 200.

C. Accordingly, the Plaintiff completed the E-Dong building on April 28, 2003 on the ground of the land stated in the above b above, and completed the F-Dong building on February 22, 2006 (hereinafter referred to as “each building of this case”), and the building ledger of each building of this case was registered as the owner by the Defendant.

Each building of this case was located on the left side of the historic building located in the site of the Jeon Gag Ho Line, the building of this case was used as a neighborhood shopping facilities, service facilities, and the passage of the users of the Jeon Ga. The building of this case is the third floor located on the right side of the calendar.

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