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(영문) 부산고등법원(창원) 2017.08.23 2017누10046
입주심의 부적격처분 등 취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. On November 17, 2011, the Plaintiff is a corporation that obtained permission from the head of a branch office for interim disposal of wastes from the head of a branch office in Yangsan-si. The Defendant is a management agency entrusted with the management affairs by the Gyeongnam-do Governor, who is the authorized administrator of Jongnam-do general industrial complex, pursuant to Article 30(2)2 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).

Occupancy Management Plan

1. Waste disposal facilities for the type of business eligible for occupancy: Wastes collection, transportation, and disposal business under Article 25 of the Wastes Control Act: Provided, That a management agency may restrict the occupancy of construction waste, excreta disposal business, livestock waste, etc. which are not directly related to the production activities within an industrial complex to

2. A person qualified for waste collection, transport and disposal business pursuant to Article 25 of the Wastes Control Act;

3. Occupancy procedures - A contract for occupancy of an industrial complex shall be concluded with a management agency after a project operator has concluded a contract for sale - an application for occupancy of an industrial complex shall be submitted.

- a person who has occupied industrial facilities, logistics facilities or waste disposal facilities, except for any other person who has occupied such facilities;

(b) Details related to waste disposal facilities, among the master plans (including the public announcement of changes) for the management of natural industrial complexes (including the public announcement of changes) announced by the Gyeongnam-do Governor

C. On October 1, 2014, the Gyeongnam Development Corporation, the project implementer of the project for creating the general industrial complex in Jeongnam-do, applied for opening the competitive bidding schedule and place classification on October 15, 2014 when entering into a contract for the supply of undeveloped land of KRW 1302, 29,480.54,628,438,50, 500 for the supply method of the area of land to be used for the supply of land for the general industrial complex in Jinju-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter referred to as the “land for sale of undeveloped land”) on October 23, 2014.

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