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(영문) 서울중앙지방법원 2016.12.06 2016가단5019070

발굴조사비

Text

1. The defendant shall be the plaintiff.

(a) KRW 10,00,000 and 5% per annum from July 31, 2014 to December 6, 2016; and

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization established for the purpose of research on cultural heritage, and is a nonprofit foundation registered with the Cultural Heritage Administration as a cultural heritage inspection institution pursuant to Article 24(1) of the Act on the Protection and Inspection of Buried Cultural Heritage (hereinafter “Act”).

The defendant is a construction company specialized in apartment complexes that implemented the Housing Site Development Project for the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-do in the 15-79 Jincheon-si, Jincheon-do Urban Development Project (hereinafter referred to as the "Development Project in this case") and entered into a search and inspection service contract

B. Since the instant development project area in the service contract for the excavation and inspection of buried cultural heritage is an area of buried cultural heritage (Article 4 of the Act), it is not possible to excavate the cultural heritage in principle, and it may be excavated for construction works, etc. only when obtaining permission from the Administrator

(Article 11(1)3 of the Act. However, the ground surface inspection and excavation of buried cultural heritage should be conducted by the Administrator of the Cultural Heritage Administration by a non-profit incorporated foundation, such as a non-profit incorporated foundation registered as a buried cultural heritage inspection institution.

(Article 24(1) of the Act. A person who intends to obtain permission to excavate buried cultural heritage shall submit an application for permission to excavate buried cultural heritage, stating an inspection agency, etc. to directly conduct excavation.

(Article 12) (Article 12) of the Act. On August 22, 2012, the Plaintiff, an investigating agency, was requested by the Defendant to conduct excavation surveys, and completed the excavation survey on March 24, 2014, and again, entered into an excavation and research service contract (hereinafter “instant contract”) with the Defendant for KRW 350 million on March 31, 2014.

The title of the instant contract: the contract amount for the excavation and investigation of cultural heritage in the Jincheon District Urban Development Project District: 350,000,000 won contract period: 120 days from the date of permission of the Cultural Heritage Administration (from April 14, 2014 to August 11, 2014): Provided, That the affairs related to the final report shall be completed by the deadline prescribed by the relevant Acts and subordinate statutes (general conditions of the excavation and investigation service contract) (the payment of price) ①.