The Supreme Court on the 25th ruled that the Seoul Metropolitan Government must pay 42.1 billion won in compensation to the Korea Railroad Corporation for its use of the Gyeongui Line Forest Path. The court decided that the city had to compensate the corporation for its use of the land from 2015 to 2020. The Gyeongui Line Forest Path, which runs 6.2 kilometers from Hongdae 3-gil in Mapo-gu to Yongsan-gu, was originally railroad land that was used as a public path after the railroad was discontinued. The Seoul Metropolitan Government designated the path as a park in 2015 and has been managing it since then. The Korea Railroad Corporation demanded compensation from the city for its use of the land, but the city refused, citing that it was a public path. However, the Supreme Court ultimately ruled in favor of the corporation, stating that the city had to pay compensation even if the land was used as a public path. The court said, "The Railroad Corporation owns the land and the city used it without a valid reason, so it must pay compensation." The city plans to review the ruling and consider measures such as filing a retrial or appealing for a settlement.
The Seoul Metropolitan Government sought to overturn a court ruling that imposed a fine of 421 billion won on the Korea Railroad Corporation (KORAIL) for the use of the "Green Line Park" on the elevated Gyeongui Line. The Supreme Court ultimately dismissed the appeal, leaving the city obligated to pay the fine. In 2020 to 2023, the city must now pay KORAIL the total of 421.2 million won in compensation.
In 2021, the city filed a lawsuit against KORAIL, asking them to cancel the fine they imposed under the original ruling. The city had previously agreed to a contract with KORAIL in 2010, which stated that the use of the Green Line Park would be free of charge from July 2011 to July 2016. However, in 2011, the National Land Use Act was amended to restrict the free use of national property to one year.
Consequently, KORAIL refused the city's request to extend the free use period beyond 2016 and instead gave the city a one-year extension from July 2016 to July 2017. From July 2017 to December 2022, KORAIL demanded that the city pay a usage fee of 421.2 million won. In the first instance, the court ruled in favor of the city, stating that the city had a legal right to use the Green Line Park for the management and operation of the facilities.
The law's amendment should not invalidate the contract's terms. However, the second instance overturned the decision, finding that there was no mention of a "free use" period in the contract. Additionally, the court did not accept the city's argument that the extension of the free use period was in violation of the law, as KORAIL presented. The Supreme Court agreed with this ruling.
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