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(영문) 창원지방법원 2016.03.22 2015구합21061

산업단지승인무효확인

Text

1. All of the conjunctive claims of Plaintiff A, Plaintiff E, and F are dismissed.

2. The primary features of the Plaintiff B, C, and D.

Reasons

1. Details of the disposition;

A. On November 12, 2012, 201, five companies (hereinafter “project implementer”) other than Taenam-gun, Taenam-gun, and filed an application with the Defendant for approval of a G general industrial complex plan with respect to the size of 259,360 square meters in Haan-gun, Chungcheongnam-gun.

B. In accordance with Article 15 of the Act on Special Cases Concerning the Simplification of Authorization and Permission of Industrial Complexes (hereinafter “Industrial Complex Fire-Fighting Act”), the Defendant approved and publicly announced the G General Industrial Complex Plan on November 11, 2013 (hereinafter “instant industrial complex approval disposition”), and the instant industrial complex site was incorporated into a hump site with a total of 15,262 square meters of the size of 15,262 square meters, KK and 23 square meters, registered as agricultural infrastructure, in the said industrial complex site.

Substitute facilities for agricultural infrastructure prior to the commencement shall be implemented after prior consultation with the construction of the Haan-gun, and after the completion of construction of alternative facilities, approval for disuse shall be obtained, and procedures for the use of the relevant State property shall be implemented after approval for disuse is obtained

(b) Purchase and expropriation of land, the ownership of which has not been secured prior to the commencement of the construction, shall be conducted through consultation to prevent civil petitions due to expropriation of land;

(b) With respect to the State and public property of each competent authority to be incorporated into an industrial complex, the project shall be commenced after consultation in accordance with the procedures for tangible and intangible purchase in accordance with the opinion of the management authority, and ground seedlings shall be treated before consultation in accordance with the Funeral Services Act

(c).

The defendant added the following contents to the approval condition of the industrial complex approval disposition of this case.

On December 31, 2014, the Defendant, with the approval of the competent Mayor/Do Governor, issued a decision to disuse the HP site (hereinafter “the instant decision to disuse”). At present, HP site was buried and used as the site for the instant industrial complex.

E. The plaintiffs B, C, and D supplied water through the waterways of H bed and used as agricultural water for the purpose of agricultural use to the beneficiaries holding the ancestor graves in the instant industrial complex site, and the plaintiffs E, and F.