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(영문) 울산지방법원 2017.03.16 2016가합1195

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the housing construction business, etc., and the Defendants are corporations that run the construction business for performing land trust.

B. On July 31, 2007, the Plaintiff revoked the Plaintiff’s housing construction project plan approval and the approval disposition. On July 31, 2007, the Plaintiff approved the housing construction project plan with respect to a total of 30,554 square meters of 140 and 49 square meters in Ulsan-dong, Ulsan-dong (hereinafter “instant project site”). However, the approval disposition was revoked due to the failure to comply with the approval conditions.

C. The Plaintiff entered into a service contract on the excavation and survey of buried cultural heritage (i.e., the surface survey, excavation survey, etc.) with the Ulsan Development Institute (hereinafter referred to as the “Ulsan Development Institute”) which is an incorporated foundation while promoting the housing construction project in the site of the project, and paid to the Ulsan Development Institute totaling KRW 402,479,00 (i.e., the surface survey expenses of KRW 1,309,000 for the surface survey expenses of KRW 54,890,000 for the surface survey expenses of KRW 346,280,000 for the surface survey expenses of KRW 1,309,00 for the surface survey expenses of KRW 54,890 for the surface survey.

Upon completion of the excavation and inspection of buried cultural heritage on August 3, 2007 by the Ulsan Development Institute on measures for preserving buried cultural heritage, the Plaintiff reported the completion of the excavation and inspection to the Ulsan Metropolitan City Mayor on August 8, 2007. Ulsan Metropolitan City Mayor notified the Administrator of the Cultural Heritage Administration of the following measures on August 20, 2007 and notified the Plaintiff around that time.

1. thoroughly recording and keeping the details of the excavation and investigation;

2. Formulate, according to the opinion of the excavation and investigation committee, educational means for utilizing the site in the complex (such as the creation, etc. of a historic site) and reporting the results thereof to the Cultural Heritage Administration;

3. thorough implementation of the provisions of the Cultural Heritage Protection Act, such as measures to report immediately, if any buried cultural heritage is discovered in the course of the next construction works;

E. Defendant’s project implementation on the business site of the Defendants.

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