(영문) 광주고등법원 2013.01.24 2011누2087 | 리걸엔진

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(영문) 광주고등법원 2013.01.24 2011누2087

허가신청반려처분취소

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff established and promoted a business plan with the content of assembling and producing ship merb block, plant cargo, etc. in the wooden harbor.

On August 20, 2010, the Sinpo Port Co., Ltd. (hereinafter referred to as the “Sinpo Port”) requested the Minister of Land, Transport and Maritime Affairs to approve the implementation of the “harbor equipment improvement plan for the efficient disposal of plant cargo and other minor profitability projects” with the Plaintiff as the business owner, and the Minister of Land, Transport and Maritime Affairs, Sept. 27, 2010, with respect to the multi-purpose port site (hereinafter referred to as the “harbor site in this case”) located within the Sinpo Port on the multi-purpose port site (hereinafter referred to as the “Sinpo Port site in this case”), 34,200 square meters of used area, annual rent amounting to 248,00,000 won, and the period of use by 2016, respectively, the Defendant submitted review opinions on August 31, 2010 to the Minister of Land, Transport and Maritime Affairs that there is no particular problem in the operation of the harbor.

Accordingly, on September 28, 2010, the Plaintiff purchased a total of 34,50,000,000 square meters of the area of 1330-15,000 square meters and 13 lots located in the hinterlands of the Sinpo Port from the Sinpo Port (ju) on a total of 13,000,000,000 square meters for 6,250,000,000 won. On October 20, 2010, the Plaintiff concluded a contract for the use of the instant harbor site and harbor facilities with the Sinpo Port (ju) with the content that the use of the instant harbor site and the harbor facilities by December 31, 2016.

On October 25, 2010, the Plaintiff and the Defendant, Mapo-si, and Mapo-si (ju) concluded an investment agreement with the effect that “the Plaintiff shall make an investment in total of 36 billion won, including the installation of Mebble block, alley, and offshore plant, in the instant harbor site and its hinterland site, and shall make every effort to provide administrative and financial support for the Plaintiff’s successful investment.”

Since February 8, 201, the Plaintiff is against the Defendant.

유사 판례

-광주지방법원 2011.11.24 2011구합2088

-광주고등법원 2013.1.24.선고 2011누2087 판결

-광주고등법원 2013. 1. 24. 선고 2011누2087 판결

-광주고등법원 2016.7.21.선고 2014누273 판결