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(영문) 서울고등법원 2019.02.01 2017누90157
공법상 부당이득반환 등
Text

1. The plaintiff dismissed the lawsuit for confirmation that the court changed the exchange against the defendants.

2. The plaintiff.

Reasons

1. Basic facts

A. On October 1, 2013, the Plaintiff is a company established on October 1, 2013 by dividing the business of manufacturing and selling aggregate, concrete, asphalt, etc., and carries out the business after being transferred all rights to the factory and business facilities of Songpa-gu Seoul Metropolitan Government C (hereinafter referred to as “specific land”) from Company B (hereinafter referred to as “Seoul Songpa-gu”).

(hereinafter referred to as “Plaintiffs” without distinguishing the Plaintiff and the Plaintiff Company B.

The plaintiff is in the attached Form in Songpa-gu Seoul Metropolitan Government Ddong

3. [Attachment] The term “former land status” in [Attachment] owned each land indicated in Nos. 1 through 28 (the above land had been indicated as “current land status” column of the above Table after annexation, etc.; hereinafter in this Article, it shall be indicated as “former land number before annexation”) and the above land established a ready-mixed factory (hereinafter “instant factory”) on the ground above the above land, and its site is operated from around 1978 to the present site.

C. Attached Form, part of the factory site of this case

3. [Attachment] Each land (C, E, F land) listed in the Nos. 1 through 3 and G, H land owned by the Plaintiff, G, H G, H land and the Plaintiff’s rooftop site, were merged into 18,226 square meters of a historic site on July 5, 2005. In the instant factory site, the N site was indicated on the basis of the former parcel number before annexation, as in the instant factory site. The sum of 125,250 square meters, including B, was designated as P, Q (a change: R; hereinafter referred to as “ Q,”) of a private State-designated cultural heritage P on January 21, 1963.

In order to construct a new rooftop on the Plaintiff’s ownership, I, J, K, L, M, and N (hereinafter “the instant site”) adjacent to the instant factory site, protruding away from the underground in white water, such as earth and sand and numeral, was laid.

The Administrator of the Cultural Heritage Administration shall conduct excavation and excavation surveys of the National Institute of Cultural Heritage.

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