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(영문) 전주지방법원 2012.07.03 2011구합904
모악산 관광지 조성계획 변경신청 거부처분 등 취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. In order to create a tourist destination with public facilities, lodging, commerce, sports, and entertainment facilities on the ground of 149,665 square meters in the Magdong-si, Magdong-gun, the Defendant: (a) formulated the instant tourist destination development plan (hereinafter “the instant tourist destination”); (b) obtained approval from Jeollabuk-do on May 6, 1995; and (c) publicly announced the instant development plan by the Public Notice of Magdong-gun on May 22, 1995; and (d) created the instant tourist destination.

B. On April 7, 2008, the Plaintiff acquired ownership by completing each registration of ownership transfer with respect to the land portion among the pertinent real estate, and the building portion, as to the land portion of the instant real estate, with respect to the 1069-1 square meter, 940.1 square meter, 1069-1 square meter, 940.1 square meter, and the 1st floor sales facility, 544.87 square meter, 2nd floor, 473.7 square meter, 65.17 square meter, 65.17 square meter, 2008 (hereinafter “instant building”).

C. On November 12, 2010, the Plaintiff filed an application with the Defendant for changing the facility classification of the instant land, which is “agricultural product direct sales center” under the instant creation plan, to “sales facility” and changing the registration of the instant building into “sales facility” in the column for the use of the building ledger for the instant building.

On November 18, 2010, the Defendant rendered each of the above applications by the Plaintiff on the ground that “I, from your company, notify you that I would not comply with the Tourism Promotion Act (the creation plan for a malicious tourist destination) and would not change the purpose of use because I would like to attach it to the application.”

(hereinafter referred to as "decision of refusal to apply for change of the instant creation plan" and "decision of refusal to apply for change of entries in the building ledger".

The plaintiff is dissatisfied with this.

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