공장신설(변경)승인취소처분 취소 청구의 소
1. On November 12, 2015, the revocation of the approval for the establishment of a new factory against the Plaintiff is revoked.
2...
1. Details of the disposition;
A. On February 3, 2009, B Co., Ltd. obtained approval from the Defendant for the construction of a factory for manufacturing air conditioning equipment of 17,991 square meters in the site area of the land (hereinafter “instant application site”) such as Asan-si C (hereinafter “Asan-si D”) (hereinafter “the instant application site”).
B. On March 29, 2012, the Plaintiff obtained approval from the Defendant to revise the establishment of a factory for manufacturing air conditioning devices on the ground of the instant application site (hereinafter “instant approval for modification”). Among the matters approved, the location of the factory and the size of the factory are identical to the details of approval for the said stock company B, and the modified matters were the trade name and the change of the representative (i.e., the representative of the “F Company E”), and the extension of the permission period (i.e., the change from January 31, 2012 to December 31, 2013).
C. A movables Incorporated Co., Ltd. (hereinafter “movable Agriculture”) purchased the instant application form from the Plaintiff around July 2015, and around August 2015, the Defendant filed an application for modified approval for the establishment of a factory on the ground of the instant application form with the Defendant.
The facts that are the cause of the disposition of the parties A (FF representative) are that the period of approval for the establishment of the factory was extended by December 31, 2013 with the approval for the modification of the application in this case. However, the legal basis and contents of the cancellation of the approval for the modification in this case and the Industrial Cluster Development and Factory Establishment Act (hereinafter referred to as the "Industrial Cluster Act") are as follows.
() Article 13-5: Where a factory is not commenced until three years have elapsed since the date of approval for the establishment, etc. of the factory, the date and time of the hearing where four years have not passed since the approval for the establishment, etc. of the factory was obtained: D on September 21, 2015. The Defendant returned the application for approval for the change of the establishment of the factory of movable and agricultural business on September 4, 2015, and on September 10, 2015, the Defendant issued a prior notice of disposition (the notice of the hearing) to the Plaintiff with the following purport.