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(영문) 서울중앙지방법원 2019.03.28 2018가합506969
부당이득금
Text

1. All the lawsuits of the plaintiff and the succeeding intervenor are dismissed.

2. Litigation costs arising between the Plaintiff and the Defendants are assessed against them.

Reasons

Basic Facts

On November 30, 2001, the Administrator of the Cultural Heritage Administration designated 81 parcel of land, including D. D. 455,074 square meters (hereinafter “instant real estate”) owned by the Plaintiff as EF of State-designated cultural heritage EF (hereinafter “instant cultural heritage”). Defendant Taean-gun, upon being entrusted by the Defendant Republic of Korea with the acquisition of land, etc. within the cultural heritage designated area and the compensation therefor, publicly announced the compensation plan on October 22, 2002, and requested the Plaintiff to seek compensation as follows.

On October 22, 2002, the notice of the designation of State-designated cultural heritage (natural monument) on January 7, 2002, the notice of the plan for compensation on February 14, 2003, the notice of the plan for compensation on August 13, 2004, the notice of the consultation on compensation for losses on November 10, 2005, the notice of the plan for consultation on compensation for losses on December 16, 2005, the notice of the plan for consultation on compensation for losses on November 31, 2006, the notice of the request for consultation on compensation for losses on November 28, 2006, the notice of the request for consultation on compensation for losses on November 28, 2006, the truster manages the realization of the real estate to guarantee the implementation of the request for consultation on purchase of land on September 5, 2016, the request for compensation for losses on February 5, 2017.

Article 3 (Beneficiary) (1) A beneficiary under this trust agreement shall be as specified in attached Form 2-2.

Article 7 (Preferential Beneficiary's Right to Benefit) (3) The right to benefit of the beneficiary with respect to the trust principal shall take precedence over the beneficiary's right to benefit.

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall actually continue to occupy and use trust real estate, and shall bear all the expenses incurred in the actual preservation and management of trust real estate and any other management activities.

[Attachment 2-2]

2. Beneficiary priority beneficiary: The Plaintiff, while the Plaintiff, on February 10, 2009, did not exceed G Co., Ltd.

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