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(영문) 서울고등법원(춘천) 2015.04.15 2014누1425
산업단지입주변경계약신청반려처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

The reason why our court should explain this case is that "(c) is subject to reporting" in the first head of the judgment of the court of first instance, adding the following judgments to "(d) judgment" in the first head of the judgment of the court of first instance, and the first head of the judgment of the court of first instance is "D. judgment" in the second part of the judgment of the court of first instance. "It is deemed that the application for change of this case is not subject to reporting but subject to approval under the main sentence of Article 13(1) of the Industrial Cluster Development Act" in the second part of the second part of the judgment, and the second part of the second part of the judgment of the court of first instance, "the defendant asserts that if the plaintiff added a ready-mixed manufacturing business, the neighboring company or residents may suffer serious damage due to dust or wastewater generated at the factory, but there is no evidence to acknowledge this." Thus, each addition is the same as the reasons stated in the judgment of the court of first instance, and it is cited pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

C. The proviso to Article 13(1) of the Industrial Cluster Act provides that a report shall only be made to the head of a Si/Gun/Gu in cases where he/she intends to modify minor matters prescribed by Ordinance of the Ministry of Trade, Industry and Energy among the matters already approved, and Article 7-2(1) of the Enforcement Rule thereof includes modification of the name of the company or representative (title 1) or modification of the type of business (type of business (type of business according to the Korean Standard Industrial Classification publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act) within the category of business according to the public notice of the standards for factory location publicly notified pursuant to Article 8 of the

On the other hand, the Korean Standard Industrial Classification publicly notified by the Commissioner of the Statistics Korea is the detailed type of business in the category classification of "business of manufacturing concrete, cement and plastic products (2332)" and "business of manufacturing concrete pipes and other concrete products for structural purposes (2326)" as shown in the attached category of business classification table.

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