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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. On January 18, 2010, the Plaintiff was designated by the Defendant as the project implementer of the Namyang-ju General Industrial Complex (hereinafter “instant project”) by setting the project implementation period by December 28, 2012 (No. 2010-507), and was extended on December 24, 2012 by December 28, 2013.
(Public Notice of Gyeonggi-do No. 2012-432). (b)
On January 7, 2014, the Defendant, following the hearing procedure, failed to comply with the conditions imposed upon the Plaintiff at the time of designation of the instant project operator or approval for the implementation of the project, and issued a disposition to revoke the designation of a project operator pursuant to Article 48(1)1 of the former Industrial Sites and Development Act (wholly amended by Act No. 12253, Jan. 14, 2014; hereinafter “Act”) on the ground that the industrial complex development project was not implemented in accordance with the instant project implementation plan or implementation plan.
(hereinafter “instant disposition”). C.
The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but the appeal was dismissed on October 8, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, 2 and 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings / [founded statutes] Article 48 (Supervision) of the former Industrial Sites and Development Act (wholly amended by Act No. 12253, Jan. 14, 2014) (1) The Minister of Land, Infrastructure and Transport, Mayor/Do Governor, or the head of a Si/Gun/Gu may revoke authorization, approval or designation under this Act, or take other necessary measures, such as suspension of construction, reconstruction or relocation of structures, where a project operator falls under any of the following cases:
1. Any of the following cases (in cases falling under item (c) and (i), including cases applicable mutatis mutandis under the main sentence of Article 39 (1), respectively):
(a) Articles 8-3, 16, 17, 17-2, 18, and 18-2;