산업단지계획변경 거부처분 취소청구
1. The defendant's rejection disposition against the plaintiff on May 30, 2019 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff is the owner of each land indicated in the separate sheet No. 1 (hereinafter “instant land”). From November 3, 2012, the Plaintiff established and operated a golf practice range with the trade name “B” on the instant land on the ground from November 3, 2012.
B. The Defendant is a person authorized to designate a general industrial complex in Daegu Metropolitan City pursuant to Article 7(1) of the Industrial Sites and Development Act (hereinafter “Industrial Sites Act”).
C. The Daegu Urban Corporation promoted a project to develop a general industrial complex with the name of “D” (hereinafter “instant industrial complex”) on a scale of 1,117,549 square meters in Daegu North-gu, Daegu, including the instant land, and applied for approval of the implementation plan for the development of the general industrial complex to the Defendant around December 2015.
On November 10, 2016, the defendant approved and publicly notified a D general industrial complex plan pursuant to Article 15 of the Act on Special Cases Concerning the Simplification of Authorization Procedures for Industrial Complexes (hereinafter referred to as the "Industrial Complex Fire-Fighting Act").
E. On May 23, 2019, the Plaintiff filed an application to modify the instant industrial complex development plan with the purport that the instant golf practice range is maintained in the instant industrial complex to the Defendant.
(f) On May 30, 2019, the Defendant rendered a disposition rejecting the instant application in response to the following contents:
(hereinafter referred to as the "disposition of this case"). The industrial complex of this case was announced publicly by the Daegu Metropolitan City public notice E in accordance with the Fire Fighting Procedure Act, following the public notice of resident inspection, resident joint briefing sessions and related consultation, etc.
In addition, according to Article 16 (1) 1 (c) of the Industrial Sites Act, Daegu Urban Corporation is designated as a project implementer and carries out an industrial complex development project, such as compensation, and amendments to the industrial complex plan (implementation plan for industrial complex development) are applied by the project implementer.