beta
(영문) 울산지방법원 2014.12.18 2013구합2901

화산일반산업단지 사업시행자 지정 취소 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On January 9, 2009, the Plaintiff Lee Young-gun Industrial Machinery Co., Ltd. (hereinafter “Plaintiff Lee Young-gun”) filed an application with the Defendant for approval of the industrial complex plan in order to create a general industrial complex (hereinafter “instant industrial complex”) on the land of 499,230 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do, for the approval of the industrial complex plan. On July 16, 2009, the Defendant approved and publicly announced the instant industrial complex plan with the following content as the Ulsan-gun’s Notification No. 2009-57 of Ulsan-gu, Ulsan-do, Ulsan-do.

(hereinafter referred to as “the primary approval of this case”). - A.I.-

1. Name of industrial complex: Volcanic general industrial complex;

2. Location: A person who is a member of the volcanic Ri in Ulsan-gun, Ulsan-gun;

3. Area: 98,230 square meters.

4. Operator of industrial complex development project: Plaintiff’s industrial machinery.

5. Project period and method of development;

A. Project period: From July 2009 to December 31, 2012

Development methods: Private development methods (for actual consumers development)

6. Main types of business to be invited: Manufacturing other transportation equipment;

B. On August 9, 2012, Plaintiff Lee Young-young filed an application with the Defendant for the designation of Plaintiff Sea Forest Industry Corporation (hereinafter “Plaintiff Sea Industry”) as a project implementer of the instant industrial complex development project, and the Defendant approved and publicly notified the instant industrial complex plan with the content that Plaintiff Sea Forest Industry is added to the project implementer of the instant industrial complex development project.

(hereinafter “the second approval of this case”). C.

On December 27, 2012, the Plaintiffs requested the Defendant to change the project period of the instant industrial complex development project from July 2009 to December 31, 2015. On April 4, 2013, the Defendant approved and announced the instant industrial complex plan with the purport that the project period of the instant industrial complex development project is changed from July 2009 to June 30, 2013.

(hereinafter “the third approval of this case”). D.

On September 26, 2013, the Defendant, following the hearing procedure on September 10, 2013, issued the instant industrial complex on September 26, 2013, where the Plaintiffs failed to implement the project during the business period and failed to implement the land compensation consultation.