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(영문) 전주지방법원 2016.09.29 2016구합213
입주계약처분취소의 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. The Plaintiff is a company established to carry on the business of manufacturing and selling high pressure containers, and the Defendant is a management agency that manages the main science and industry complex (hereinafter “instant industrial complex”) under the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).

B. On April 1, 2009, the Plaintiff entered into a contract with the Governor of Jeollabuk-do to occupy the factory site of 3,047.4m2 (hereinafter “instant industrial site”) at the location of the factory (hereinafter “instant occupancy contract”).

C. On December 2009, the Plaintiff entered into a land lease agreement with the Korea Land and Housing Corporation, the owner of the instant industrial site, pursuant to the instant occupancy agreement, and newly built three-story factories of the general steel structure sandbow site (1st floor factories, 5,041.6m2, 262.19m2, 340.15m2, and 340.15m2, respectively; hereinafter “instant factory”). The Plaintiff completed the factory registration on February 8, 2010.

Sc Co., Ltd. (hereinafter “Sck”) completed the registration of ownership transfer for the instant factory on October 8, 2015, based on the sale by voluntary auction.

Then, on October 13, 2015, the Defendant terminated the instant occupancy contract based on Article 42 of the Industrial Cluster Act (hereinafter “instant occupancy contract termination disposition”) on the ground that the Plaintiff was successful in auction, and revoked the registration of the instant factory based on Article 17 of the same Act.

E. On October 14, 2015, the Korea Land and Housing Corporation terminated a site lease agreement on the instant industrial site on the ground that the said disposition was rendered to the Plaintiff. On October 19, 2015, the Defendant concluded a contract for occupancy with Nonparty Company and the instant industrial site pursuant to Article 38 of the Industrial Cluster Development Act (hereinafter “instant occupancy agreement”).

[Ground of recognition] Unsatisfy, A(1) through (3)

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