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(영문) 수원지방법원 2014.04.30 2013구합1424

입주변경계약취소처분등취소

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1. On January 2, 2013, the Sungnam Industrial Complex Management Corporation, an incorporated defendant, among the primary claims in the instant case, against the Plaintiffs.

Reasons

1. Details of the disposition;

A. The head of the local government delegated the management affairs of the above industrial complex and the establishment authorization of the Foundation by the Gyeonggi-do Governor, who is the authorized administrator of the Sungnam General Industrial Complex (hereinafter “instant complex”), and the Defendant Management Corporation is a corporation established to develop and manage the industrial complex and to support the industrial activities of enterprises, and manages the above industrial complex upon entrustment by the Gyeonggi-do Governor, who is the authorized administrator.

B. 1) On November 25, 2010, the Plaintiffs entered into an occupancy agreement with Nonparty C Co., Ltd. (hereinafter “C”).

(2) On January 19, 2011, the Plaintiffs purchased the land and a single-story factory located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, in the instant complex at KRW 2.71 billion, and completed the registration of ownership transfer on January 11, 201. (2) On January 19, 2011, the Plaintiffs entered into an occupancy contract with the Defendant Foundation under the name of “E” in a factory with the size of 1,397 square meters in the area of Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul-gu, and 1,834.90 square meters in the building area, manufacturing facilities, and 1,282.20 square meters in manufacturing facilities (hereinafter “instant factory”) under the name of “E” as its main product, and filed a report on the completion of a factory establishment on January 27, 2011 (hereinafter “instant occupancy contract”).

C. (1) The Plaintiffs, around January 2012, concluded a contract for the change of occupancy, etc. (hereinafter “instant knowledge industry center”) with the building area of 6,909.32 square meters, the manufacturing facility area of 3,763.52 square meters, and the size of auxiliary facilities of 3,145.80 square meters on the same site (hereinafter “instant knowledge industry center”).

(2) The Defendant Management Corporation established a business plan to change the name of the business to “F” and to change the type of business to “other real estate development and supply business,” and submitted it to Defendant Management Corporation a business plan containing specific contents. (2) After reviewing the aforementioned business plan, etc., the Defendant Management Corporation submitted it to the Plaintiffs on January 10, 2012.