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(영문) 창원지방법원 2017.10.31 2017구합50551

구암일반산업단지 실시계획 승인 등 취소처분 취소의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. 1) The defendant on September 28, 2009 development project A industrial complex (hereinafter "project of this case") on September 28, 2009

2) The project implementer, Inc., Ltd. (hereinafter referred to as “Dlim Este”) shall be the project implementer.

The instant project plan was designated and publicly announced as follows (C). The summary of the A industrial complex development project - Location: 208,710 square meters (area of industrial facility 112,319 square meters): The project period: September 28, 2009; - The business period to be invited to be invited on December 30, 201: the Defendant extended the project period by June 30, 201, while the Defendant extended the project period by June 30, 2013 (Notice E, the same notification E, the same notification) and the D e te Tech did not proceed with construction since February 14, 2011.

B. (1) On October 16, 2014, the Plaintiff acquired the business right, etc. of the instant project from the Dr. On February 4, 2015, the Plaintiff filed an application with the Defendant for approval of an industrial complex plan (revision) to change the project implementer and extend the project period. (2) On March 26, 2015, the Defendant accepted the said application for change on the following terms and conditions of authorization (hereinafter “instant authorization terms and conditions”), and designated the Plaintiff as the implementer of the instant project, and issued a public notice of approval of the A industrial complex plan (revision) to extend the project period to December 30, 2015.

(G) In case of Sacheon City public notice G) . In case of man

1. He/she shall comply with the conditions imposed at the time of approval C ( September 28, 2009), H ( May 11, 201), E ( December 30, 201), F ( March 7, 2013).

2. Pursuant to Article 48 (1) 1 of the Industrial Sites and Development Act, the following dispositions shall be taken to revoke the designation of a project executor of an industrial complex and to revoke an implementation plan (Cancellation of the designation of an industrial complex):

Where the conditions imposed at the time of approval are not observed;

(b) Where the project is not completed within the project period;

(c)authorizations by fraud or other improper means;