개발제한구역내 행위허가불가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 5, 1995, the Busan Fuel Industry Cooperatives (hereinafter “Union”) obtained permission for changing the form and quality of land and construction for a fuel complex development project (hereinafter “instant development permission”) from the Defendant on December 31, 1995 from the Gangseo-gu Busan, Gangseo-gu, Busan, located within a development restriction zone for about two years and four months until December 31, 1997.
After that, on December 30, 2009, until the above permission period is extended by December 31, 2010, the Cooperative applied for the extension of the permission period to the Defendant by no later than September 30, 2012 on the grounds of delay in the work executor’s commencement, etc. on more than ten occasions.
However, on December 15, 2010, the Defendant did not deposit a performance guarantee under Article 12(5) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”), and rejected an application for extension of the said period of permission on the ground that the Plaintiff violated Article 12 of the said Act by putting the original trees out of the instant project site without obtaining permission.
On March 11, 2011, a union filed a lawsuit with the Busan District Court seeking the revocation of the defendant's permission of extension of the above permission period (201Guhap1376), but was sentenced to dismissal by the Busan District Court on September 30, 201, and the above judgment became final and conclusive on May 2, 2013, following the appellate court's dismissal of appeal and the appellate court's rejection of hearing.
On the other hand, on January 7, 2010, the Plaintiff selected as a new contractor for the instant project from the Cooperative around 2008, paid approximately KRW 13.8 billion loans for the instant project financing (hereinafter “PF”), which was conducted by the Forest Service Co., Ltd. (the partnership and the company newly established by the Plaintiff as the implementing corporation of the instant project) on behalf of the Plaintiff, and transferred the instant development permit right from the Cooperative to the Plaintiff on April 1, 201, and made a change in its name.