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(영문) 청주지방법원 2017.10.12 2016구합11587
음성 성본 산업단지계획 승인 고시 취소
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 September 6, 2013, the Chungcheong-gun entered into a joint venture agreement (hereinafter “instant project agreement”) with M Co., Ltd. (hereinafter “M”), N Co., Ltd. (hereinafter “N”), and P Co., Ltd. (hereinafter “O”) to establish a project implementation corporation [special purpose corporation (SPC)] to create a general industrial complex (hereinafter “instant project”) through joint investments. In order to promote a loan to a project implementation corporation and purchase land unsold in lots for seven years from the date of the initial loan implementation in accordance with the agreement for the instant project funding, theO agreed to purchase the land unsold in lots for the first time after September 23, 2014 (hereinafter “instant project agreement”). In accordance with the said project agreement, L Co., Ltd. (hereinafter “D”) was established on September 23, 2014.

B. In promoting the instant project, the voice group requested local investment review to the Ministry of the Interior (the current Ministry of the Interior and Safety, the former Ministry of the Safety and Security, and the Ministry of the Interior; hereinafter referred to as the “Ministry of the Interior”), and obtained conditional approval from the Ministry of the Interior on July 2014, on the condition that “The Ministry of the Interior shall not specify the terms and conditions in the contract so that additional financial burden, such as guarantee exceeding the ratio of interests of the voice group in L, responsibility sale, etc.”

C. Around October 2015, L filed an application with the Defendant for approval of an industrial complex plan that approves a sound A industrial complex development project (hereinafter “instant industrial complex”) with a total project cost of KRW 338.4 billion implemented by means of a public-private joint development method (20% of voice group, M 39.06%, N21.04%, andO 19.9%) with L as a project implementer. Around March 2016, L submitted a plan for designation of a sound A industrial complex (Evidence No. 13) accompanied by a written loan undertaking issued by theO around July 2015, along with a specific development project plan, funding plan, etc., to the Defendant.

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