1. The plaintiff's main claim is dismissed.

2. The Defendant’s indemnity against the Plaintiff on April 28, 2008 1,123,458.

1. Details of the disposition;

A. The Plaintiff is a legal entity established on December 31, 2003 under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act for the purpose of enhancing citizens’ convenience in transportation and contributing to the sound development of the national economy by efficiently implementing the construction and management of railroad facilities and other projects related thereto, and the Defendant is delegated with the authority to manage public property loan, etc. by Daegu Metropolitan City pursuant to Article 2 [Attachment 2] of the Daegu Metropolitan City Ordinance on Delegation of Administrative Affairs.

B. On April 28, 2008, the Defendant disposed of 18,450 square meters in total among 301-4 square meters, 2,169 square meters, 301-6 square meters, 880.7 square meters, 302-3 square meters, 302-3 square meters, 19,512.7 square meters and 15,450 square meters (hereinafter “each of the instant land”; each of the instant land is referred to as “one land, etc.”) against the Plaintiff without permission from January 1, 2005 to March 31, 2008 pursuant to Article 81 of the Public Property and Commodity Management Act (hereinafter “Public Property Act”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 13 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main claim

A. The Plaintiff’s assertion is an operating asset invested in kind in the Korea Railroad Corporation. Therefore, since the Korea Railroad Corporation occupied and used each of the instant lands, the instant disposition based on the premise that the Plaintiff Corporation occupied and used each of the instant lands is invalid as it erroneously designates the person subject to imposition.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. (1) The present status of the railroad facilities on each of the instant lands is as follows.

(2) The second land of this case is located with wastewater treatment equipment.