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(영문) 광주지방법원 2018.04.19 2017구합12384
공유수면 점용,사용허가무효확인 등
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 16, 2007, Jeonnam Do Governor approved and publicly announced an implementation plan for a development project (hereinafter “instant industrial complex plan”) on the land of Jeonwon, E, and on October 26, 2007, designated Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) as the implementer of a project that constructs a shipbuilding yard (hereinafter “instant public waters”) by reclaiming attached public waters 1 (the part indicating “the site for reclamation for factory site”; hereinafter “the instant public waters”). On July 11, 2008, the implementation period of the instant project was extended to February 28, 2009.

Plaintiff

A commenced the reclamation work of the public waters of this case on October 29, 2007, but the reclamation work was suspended due to financial difficulties around August 2008.

B. On January 15, 2010, Plaintiff A invested an amount equivalent to KRW 9 billion in the assets under construction on the public waters of this case in kind in Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) and KRW 7 billion in each of the Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”).

C. On March 18, 2011, G Co., Ltd. (hereinafter “G”) purchased the Plaintiff’s land outside H and four parcels (hereinafter “instant project site”) and its ground buildings and ancillary machinery, equipment, etc. in connection with the instant public waters during the voluntary auction procedure, and acquired ownership by paying the sale price on the same day.

Plaintiff

A discontinued the instant project after August 2008, the Do governor notified the Plaintiff to the effect that “If the instant project is not continued, the designation of the implementer may be revoked in accordance with the Industrial Sites and Development Act (hereinafter “Industrial Sites Act”) during four times from July 23, 2010 to June 8, 2012.”

Plaintiff

A around June 29, 2012, around June 29, 2012, submitted a business plan to reduce the scale of the project in this case and to change the business strategies.

(e) Jeonnam Do Governors.

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