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(영문) 창원지방법원 2018.04.10 2017구합52113

사업계획승인취소처분등 무효확인의 소

Text

1. The Defendant’s revocation of the approval of the project plan made on August 28, 2014, and the construction permission made on September 1, 2016 against the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 12, 2009, the Plaintiff obtained from the Defendant approval of a business plan for the establishment of a factory for the purpose of “business of Daodide, tampers and similar semiconductors manufacturing business” (hereinafter “instant business plan”) on the following occasions: “7,935 square meters in the area of the approved site”; “9,023 square meters in the area of the development permission”; “9,023 square meters in the area of the mountainous district conversion permission”; “9,023 square meters in the area of the mountainous district conversion permission”; and “1,410 square meters in the area of the approved building” (hereinafter “instant business plan”). On August 17, 2009, the Plaintiff obtained permission for the construction of the said factory (hereinafter “instant building permission”).

B. On August 20, 2009, the Plaintiff commenced a construction project to build a factory on the instant site, but it became impossible to continue the construction project due to a dispute with the neighboring land owner.

C. On May 2, 2013, the Defendant sent a notice of the holding of a hearing that contains the following: “Around May 2, 2013, the Defendant did not complete the construction of a factory until four years after the date of the approval of the business plan, and thus, there was a cause for revocation of the approval of the business plan.” However, the said notice was returned around May 3, 2013.

On May 27, 2014, the Defendant is scheduled to revoke the approval of the instant project plan on the ground as above. Accordingly, the Defendant’s attendance at the hearing on this ground and serving public notice on the Plaintiff as “the period of public notice from June 2, 2014 to June 17, 2014 (15 days)” and “the revocation of the approval of the instant project plan on August 28, 2014” is “the revocation of the approval of the instant project plan.”

B notified the method of service by public notice.

E. On July 13, 2016, the Defendant sent a prior notice to the Plaintiff that he/she would revoke the instant construction permit because it is no longer possible to proceed with the construction of the instant site due to the revocation of the instant project plan’s approval. However, the Defendant’s identity is unknown.