산업단지계획 및 시행자지정 취소처분 취소의 소
1. The plaintiff's appeal is dismissed.
2. Of the instant lawsuit, the part of the claim for the cancellation of the order of restitution added at the trial.
1. Details of the instant disposition
A. The defendant's industrial complex plan and approval and public notice of the designation of executor 1) The defendant's industrial complex plan on July 16, 2007 is the industrial complex "the industrial complex" of this case.
(B) The implementation plan for the development project (hereinafter referred to as the “instant industrial complex plan”) refers to the industrial complex plan.
(2) On October 26, 2007, the Defendant added “construction of shipbuilding stations for shipbuilding, establishment of shipbuilding industry clusters, and promotion of regional economic development” to the purpose of the instant industrial complex plan’s business. The Plaintiff attached thereto.
1. The instant industrial complex plan was modified and publicly announced on July 11, 2008, with the content of reclaiming public waters in drawings (area: 59,000 square meters, hereinafter “instant public waters”) and designating as the implementer of a project to create a shipbuilding yard which constructs a ship of 80,00 tons or higher (hereinafter “instant project”) (hereinafter “designation as the implementer of the instant project”). The instant industrial complex plan was modified and approved (No. 2007-131 of the Jeonnam-do Public Notice No. 2007-131 of the instant project”), and the instant industrial complex plan was modified to change the method of construction of the instant project and to extend the project period to February 28, 2009.
(Notice of Jeonnam-do No. 2008-138). (b)
(1) On October 29, 2007, the Plaintiff commenced reclamation of the public waters of this case. However, on or around August 2008, the Plaintiff suspended the said construction. (2) On March 18, 2011, the Taeyang Heavy Industries Co., Ltd. (hereinafter “Tyang Heavy Industries”) purchased land and its appurtenant land (hereinafter “land sub-branch”) and four lots (hereinafter “land sub-branch”) outside of 1280-2, 1984m2, 1984m2, 1984m2, which are directly adjacent to the public waters of this case, in the course of voluntary auction, and the registration of ownership transfer is completed with respect to the land sub-branch and its appurtenant building by paying the purchase price on the same day.
C. The defendant's business of this case