산업단지계획승인불가처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 2006, 47 companies, including Msan Special River Co., Ltd., Ltd., established D Association (representative F; hereinafter “D Association”) around December 2006.
On January 25, 2011, the D Union submitted to the Defendant a letter of intent to make an investment that creates a general industrial complex on the E-day Won 322,730 square meters (hereinafter “the instant application site”) with the business purpose that “the Plaintiff shall facilitate the supply of raw materials through the continuous C Industrial Complex creation in the B region with the aim of promoting the cost competitiveness and productivity of the C-user company by facilitating the smooth supply of raw materials through the creation of the C-Industrial Complex in the B region, and also contribute to the activation of the regional economy through the fostering of local industries and the increase of employment
B. On April 6, 2011, the Defendant notified the D Association of the result that “it is necessary to create an industrial complex in order to smoothly supply raw materials to the B Corporation and accumulate the scattered small-scale small-scale small-scale business entities. However, as an urban development project zone in the vicinity of the project site, it is necessary to maintain the residential environment and to prepare measures to prevent pollution and damage and an application for approval of an industrial complex can be filed to complete recovery. Administrative procedures requiring long time, such as environmental impact assessment, need to be processed as soon as possible.”
C. C business entities, such as F, who are the representative of the D Association, established the Plaintiff to perform all projects related to the creation of the C Industrial Complex, including the site selection and the procedure for authorization and permission, to create the C Industrial Complex on June 29, 2011 (hereinafter “C Industrial Complex”).
On October 5, 2011, the Plaintiff filed an application with the Defendant for approval of the C Industrial Complex Plan (hereinafter “instant application”) with a content that creates C industrial complex by making metal processing products manufacturing business, etc. as a major type of business in the instant application site as the main type of business.
E. The Defendant is the Plaintiff on February 27, 2012, and “Local Industrial Complex Planning Deliberation Committee (hereinafter “Deliberation Committee”)”.
A. The motion of this case was filed.