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(영문) 서울행정법원 2020.11.26 2020구합65746
입주계약해지처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. A member B and C (hereinafter “the object of this case”) in Ansan-si is an industrial facilities zone pursuant to Article 33(8) of the Industrial Cluster Promotion and Factory Establishment Act (hereinafter “Industrial Cluster Act”).

B. The Defendant, a management agency, established a management master plan that limits the type of business subject to occupancy of the object of this case to new materials industry (the mid-classification 20, 23, 24 of the manufacturing industry according to the Korean Standard Industrial Classification).

The relevant parts of the classification of manufacturing businesses under the Korea Standard Industrial Classification (Notice No. 2017-13 of the Korea National Statistical Office Notice No. 2010, Jan. 13, 2017) shall be as follows:

C Manufacturing of Small and Medium Classification C C 18 print and recording-related industries 181 print and printing-related industries 1812 print-related industries; 20 chemical and chemical products manufacturing of 20 chemical products; 204 other chemical products manufacturing industries 204, 2041 T, paint, co-rating and similar products manufacturing; 23 non-metallic mineral products manufacturing industry (Omission) 24 primary metal products manufacturing business.

C. On January 8, 2020, the Plaintiff, as a lessee of the instant object, entered into a contract for occupancy of an industrial complex (hereinafter “instant contract”) with the Defendant by determining the type of business (Classification No) as “type of business: Manufacturing business for printing and painting (20413), product products: excessive for printing.”

The Plaintiff sold films using a printed excess (luminous) on the subject matter of this case by attaching them to screen presses.

E. On March 2, 2020, the Defendant notified the Plaintiff that the Plaintiff’s sale of films on screen is engaged in the marketing and steering business (Classification No. 20413) that is not consistent with the instant contract type (Classification No. 20413) and constitutes the grounds for termination of occupancy contract. The Defendant issued corrective measures such as the immediate suspension of the operation of the marketing and screening business and the removal of related facilities by March 31, 2020.

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