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(영문) 서울고등법원 2020.01.08 2017나2058602
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

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

(B) The Plaintiff and C did not separate the Plaintiff and the Plaintiff. The Plaintiff owned the land of Songpa-gu Seoul Metropolitan Government D (hereinafter “Plaintiff”). The Plaintiff established a ready-mixed factory (hereinafter “instant factory”) on the ground of the above land, and operated the site from around 1978 to the present date.

Defendant Seoul Metropolitan Government is a local government that has acquired land owned by the Plaintiff through consultation as follows, and Defendant Songpa-gu Seoul Metropolitan Government (hereinafter referred to as “Defendant Songpa-gu”) is a local government under the jurisdiction of Defendant Seoul Metropolitan Government.

The sum of 207 square meters, including the Gu G, H land (hereinafter referred to as “instant mountain site”), part of the factory site of the instant case, such as the designation of the private relics of the Administrator of the Cultural Heritage Administration, was designated as 125,250 square meters as the private JK (hereinafter referred to as “M”) of State-designated cultural heritage on January 21, 1963, according to the notification of the delivery of literature on January 21, 1963.

On May 18, 1995, the Minister of Culture and Sports changed the management organization of M from the defendant Seoul Special Metropolitan City to the defendant Songpa-gu.

In around 2002, the Plaintiff was merged into B’s historical site and B’s historical site on July 5, 2005, with B’s historic site on which the Plaintiff owned N,O, P, Q, K, and B (hereinafter “instant historical site”). In order to construct a new private house on the building site adjacent to the instant factory site, the instant historical site and the instant mountain dispute site were combined with B’s historical site on July 5, 2005, 18,226 square meters; hereinafter in this case, it is marked on the basis of the Gu’s parcel number prior to the merger).

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