공장신설변경승인취소 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the owner of C’s land for a factory, 8,262 square meters, and 561 square meters per D road (hereinafter “instant land”).
The land of this case is adjacent to E.
B. On August 17, 2009, B Co., Ltd. (hereinafter “B”) filed an application with the Defendant for approval of the new establishment of a factory on the ground of E forest land E 12,623 square meters and F forest land 12,396 square meters (hereinafter “instant factory site”) at Dongcheon-si, and the Defendant, upon consultation on conversion of a mountainous district, filed an application for approval of the new establishment of a factory on August 28, 2009 (hereinafter “instant approval”).
C. On September 7, 2015, the Defendant, which had been from August 28, 2009 to August 27, 2015, issued a revised approval for the establishment of a new factory (hereinafter “instant revised approval”) with a content of extending the approval period from August 28, 2009 to August 27, 2016 (hereinafter “instant revised approval”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including virtual number), the purport of the whole pleadings
2. The plaintiff's assertion
A. According to Article 19 of the Enforcement Decree of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”), if B wishes to obtain approval for the establishment of a factory in the factory site of this case, he/she shall either secure a road of at least six meters in width or obtain a written consent for land use from the Plaintiff to use the land as an access road.
Since part of the instant land is a forest and field in light of the current state, a road should be constructed by changing the current state to be used as a road.
B. However, B attempts to infringe on the Plaintiff’s ownership of the instant land, which is a benefit protected by law, by arbitrarily building a road on the instant land without the Plaintiff’s consent on the ground that the instant approval was granted.
C. However, although B applied for the approval of the establishment of a new factory without obtaining the above road or approval to use the land, the defendant is only obligated to do so and the approval of this case is unlawful.
When the approval of this case is revoked, the approval of this case also is granted.