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(영문) 수원지방법원평택지원 2015.02.09 2014가단40768 (1)

손해배상(기)

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) with respect to KRW 43,811,500 among them and KRW 40,000,000 among them. < Amended by Act No. 11618, Mar. 2, 2013>

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On May 2013, the Plaintiff leased Pyeongtaek-si G, H, I, and J land (hereinafter “instant site”) jointly owned or occupied by the Defendants from the Defendants and carried out a plan to operate a aggregate crushing plant in the instant site.

B. On May 2013, K (the representative director of the Plaintiff) and Defendant F, respectively, commenced negotiations on behalf of the Plaintiff and the Defendants for concluding the instant site rental agreement.

C. However, Defendant B, at the time, intends to establish or expand a factory with a factory construction area of at least 500 square meters or change a type of business (hereinafter “factory establishment, etc.”) under Article 13(1) of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Development Act”) in the site of this case at the time, shall obtain approval from the head of a Si/Gun/Gu as prescribed by Presidential Decree, and the same shall also apply where he/she intends to change matters approved.

Provided, That where he/she intends to modify minor matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy, he/she shall report to the head of a Si

Pursuant to this, the head of Pyeongtaek-si was operating a manufacturing factory of electronic equipment with the approval of the new construction of other electronic equipment manufacturing factory, and the site of this case was located in Pyeongtaek-si designated as a growth management zone in the Seoul Metropolitan Area Readjustment Planning Act.

Therefore, Article 20(1) and (2) of the Industrial Cluster Development Act (Restriction on the New Construction, etc. of Factories) (1) of the Industrial Cluster Development Act (Restriction on New Construction, etc. of Factories) (1) Article 14-3 of the Seoul Metropolitan Area Readjustment Planning Act is newly established in an overconcentration control region, growth management region and nature conservation region under the Seoul Metropolitan Area Readjustment Planning Act, with a factory construction area of at least 500 square meters (including a knowledge industry center