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(영문) 대전고등법원 2017.11.02 2017누10454

사업인정고시취소

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. On October 1, 2013, the Plaintiff is a company established by dividing the business of manufacturing and selling aggregate, concrete, asphalts, etc. from Company D (formerly: A corporation) on the part of October 1, 2013, and carries out the business after being transferred all rights to the factories, business facilities, etc. of Songpa-gu Seoul E (hereinafter referred to as “specific land”) from Company D.

(2) The Plaintiff and the Plaintiff did not distinguish the Plaintiff and the Plaintiff Company D, and the Plaintiff owned the land Nos. 1 through 28 listed in the “former land status” column of the [Attachment 1] table in Songpa-gu Seoul Metropolitan Government (hereinafter “former land status” as stated in the above table; hereinafter, the above land shall be indicated on the basis of the previous lot number before the merger). The Plaintiff established a ready-mixed factory (hereinafter “instant factory”) on the ground of the above land, and operated it from around 1978.

B. On July 5, 2005, U land, E, AO, AR land and Gu BC, BD land and Gu BC, BD land owned by the Plaintiff, and Gu BF, BG, BH, BI, BJ, and U land were merged into 18,226 square meters in U on July 5, 2005, and on the same basis as the instant factory site, it is indicated on the basis of the former parcel number before the annexation, as in the case of the instant factory site. On January 21, 1963, the total sum of 125,250 square meters, including B, was 125,250 square meters, which is part of the instant factory site, was designated as a private H I soil (title: C, hereinafter referred to as “Ctopy”).

(hereinafter referred to as “first private designation”). (c)

In order to construct a new building in BF, BG, BH, BI, BJ, U (hereinafter “the instant site”) owned by the Plaintiff adjacent to the factory site of this case, probed remains in the underground space, such as earth and sand and numeral stones, were released.

The Administrator of the Cultural Heritage Administration shall appoint an intervenor assisting the defendant.