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(영문) 창원지방법원 2018.04.25 2017구합51905

일반산업단지개발계획및실시계획승인취소처분취소청구

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. 1) The Plaintiff, a company operating a factory site development business, etc., is a business that creates a “brine general industrial complex” on a size of 169-1 to 691,600 square meters located in the Manan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeongnam-do (hereinafter “instant business”).

(2) On December 31, 2009, the Plaintiff received from the Defendant the approval of the industrial complex plan and the designation of a project operator pursuant to Article 15 of the former Act on Special Cases Concerning the Simplification of Authorization Procedures for Industrial Complexes (amended by Act No. 11019, Aug. 4, 2011; hereinafter “former Act”) and Article 16 of the former Industrial Sites and Development Act (amended by Act No. 10252, Apr. 12, 2010).

(If approval for an industrial complex plan is obtained in accordance with Article 8 of the former Fire-Fighting Act, approval for an industrial complex development plan shall be deemed granted). (b)

In the instant Disposition No. 1, the project period of the instant project was set as December 31, 2012. However, the Plaintiff was extended on January 17, 2013 due to the difficulty in raising funds for the instant project, etc. until June 30, 2013. The period of the project was extended on the same ground on July 18, 2013 until June 30, 2014. On December 11, 2014, the project period was extended by up to April 30, 2015 for the same reason. Meanwhile, on November 20, 2014, the Plaintiff failed to submit the instant agreement for the loan of the financial rights to the Defendant by no later than April 30, 2015, and the Plaintiff was not obligated to submit the said written agreement for the loan of the instant project by no later than 30/15/205 without being performing its respective administrative measures.

C. The Plaintiff’s delay in fulfilling its obligations pursuant to the Disposition No. 1 of this case is 1) the old industrial site and the old industrial site.