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(영문) 서울고등법원 2017.05.26 2016나2057589
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff’s acquisition of the instant building is a corporation established on January 28, 2002 for the purpose of operation, preservation, management, etc. of B facilities. 2) Each building listed in the separate sheet (hereinafter “instant building”) is constructed on the land owned by Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, D, E, F, G, H, I (hereinafter “instant land”), and obtained approval for use on June 30, 197.

3) The Incorporated Foundation L (hereinafter “L”)

(2) On August 22, 1979, the Plaintiff used the instant building in its name and used it for profit-making. L continued to use and benefit from the instant land even after May 1, 1998, for which the permission for use and profit-making of the instant land was revoked, and on December 22, 2002, the indemnity imposed by December 22, 2002 amounting to KRW 4.95 billion. Accordingly, the Defendant seized the instant building around November 2001, and the Korea Asset Management Corporation conducted a public sale of the instant building on the condition that “the said building was donated pursuant to Article 9 of the State Property Act and shall be used after obtaining the permission for use and profit-making under Article 24 of the State Property Act and the Cultural Heritage Protection Act.”

5) The Plaintiff participated in the above public auction and purchased the instant building at KRW 2.61 billion, and completed the registration of ownership transfer in its name on October 10, 2002. On December 7, 2002, the Plaintiff prepared a donation certificate to donate the instant building to the Defendant by December 31, 2003, but did not perform it. (B) On December 31, 2004, the Administrator of the Cultural Heritage Administration imposed on the Plaintiff usage fees for the State-owned property on the instant land, etc.

Accordingly, on March 31, 2005, the Plaintiff filed a lawsuit with the Administrator of the Cultural Heritage Administration seeking confirmation of the invalidity of some of the above imposition of user fees under the Seoul Administrative Court 2005Guhap10316, and the above court rendered a judgment dismissing the Plaintiff’s claim on January 19, 2006.

2. The plaintiff is a judgment above.

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