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(영문) 서울행정법원 2015.08.27 2015구합55172
시정명령 취소 청구의 소
Text

1. On February 12, 2015, the Defendant’s corrective order on February 12, 2015 against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. On June 17, 2009, the Plaintiff entered into an occupancy agreement with the Defendant, the managing authority of the Taeduk-gu Special Research and Development Zone, regarding the Daejeon Special Research and Development Zone (hereinafter “instant industrial site”), regarding 115-1 (hereinafter “instant industrial site”).

On February 12, 2015, the Defendant issued a corrective order in accordance with Article 42(1)6 of the Act to the Plaintiff on the ground that “In the event that an industrial site (factory, etc.) prior to reporting on the completion of the establishment, etc. of a factory is disposed of to the Plaintiff, the Defendant shall observe the procedure of transfer, etc. of the ownership (at least 50/100 of the issued shares) to the management agency pursuant to Article 39(1) and (2) of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Act”), but the Plaintiff, on September 25, 2014, arbitrarily disposed of ownership (at least 50/10 of the issued shares)

(hereinafter referred to as “instant corrective order”). [Ground of recognition] A without dispute, Gap evidence Nos. 1 and 3, and the purport of the entire pleadings

2. As to the defense of this case

A. Whether the jurisdiction has been infringed (1) Article 9(2)2 of the Administrative Litigation Act does not apply to the management of a special research and development zone against Defendant’s assertion, since it is not a state delegation affairs, but a defendant’s inherent affairs.

Therefore, the lawsuit of this case is under the jurisdiction of the Daejeon District Court having jurisdiction over the location of the defendant, and is not under the jurisdiction of the Seoul Administrative Court.

(2) Article 9(1) of the Administrative Litigation Act provides that “The competent court of the first instance of a revocation suit shall be the administrative court having jurisdiction over the location of the defendant,” and Article 9(2)2 of the same Act provides that “Where a suit for revocation is filed against a public organization delegated or entrusted with the State’s affairs or against the defendant falling under the head of such public organization, notwithstanding paragraph (1), the administrative court having jurisdiction over the location of the

Daejeon Special Research and Development Zone shall be deemed a national industrial complex [Special Research and Development Zone Act (Act No. 11232, Jan. 26, 2012), Addenda of the Special Research and Development Zone Act (hereinafter referred to as the "Special Research and Development Zone Act").

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