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(영문) 부산지방법원 2015.08.20 2015구합20856
도로점용 허가취소 및 원상회복 처분 취소의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. (1) The Plaintiff is a company established for the purpose of manufacturing and assembling machinery parts on July 9, 2013, and is B Co., Ltd. (hereinafter “Non-Party Company”).

) The land(hereinafter collectively referred to as the land and E) in Busan, which is an exclusive industrial area and a school environmental sanitation and cleanup zone under the School Health Act, is the land(hereinafter referred to as “the land in Busan, B”) and E(the newly known address D) in Busan, which is the school environmental sanitation and cleanup zone under the School Health Act.

2) The sum of the instant land and factory buildings on the ground and on the ground (hereinafter referred to as “each of the instant real estate”).

(2) On April 29, 2014, the Plaintiff entered into a real estate lease agreement (hereinafter “instant lease agreement”) with the non-party company regarding each of the instant real estate between May 20, 2014 and May 19, 2016 to operate an aggregate extraction business. On April 30, 2014, the Plaintiff applied for approval for the installation of manufacturing facilities for the Defendant by designating the instant land as factory location pursuant to Article 14-3 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”). The Defendant approved the aforementioned application on May 1, 2014.

(3) On the other hand, the main contents of the instant lease agreement are as follows. Article 2 (Purpose of the Agreement) The non-party company leases each of the instant real estate so that the Plaintiff can repair and use the building for the purpose of manufacturing aggregate, and the Plaintiff is the purpose of this Agreement to rent the instant real estate from the non-party company to operate the business for the said purpose. The term of the lease contract under Article 3 (Period of Contract) is two years from May 20, 2014 to May 19, 2016. The lease deposit of the instant real estate under Article 4 (Lease Deposit) (1) is KRW 30 million. (2) The lease deposit of the leased real estate is determined as follows.

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