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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. On May 11, 2009, Tae Chang Chang-gun Co., Ltd. (hereinafter “SCM”) obtained approval for the establishment of the land C (hereinafter “instant land”) from the Defendant with respect to Gyeongsung-gun (hereinafter “B”) pursuant to Article 13(1) of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).
B. Since then, the Plaintiff acquired rights and duties regarding the approval of factory construction from Tae Chang Changmmmm, and obtained approval for alteration of factory establishment from the Defendant on July 29, 2010 pursuant to Article 13(1) of the Industrial Cluster Act. On August 24, 2010, the Plaintiff completed registration for alteration of factory establishment under the name of the Plaintiff on the instant land, and obtained permission for construction from the Defendant on February 23, 2012.
C. On February 2012, Tae Tae Heavy Industries Co., Ltd. (hereinafter “Tai Heavy Industries”) took over the rights and duties regarding the approval of factory establishment from the Plaintiff again, and completed the registration of ownership transfer on the instant land on February 28, 2012, after obtaining the approval for alteration of factory establishment from the Defendant, pursuant to Article 11 of the Enforcement Rule of the Building Act, on February 29, 2012.
Since then, the establishment of the factory of Taedae Heavy Industries has been delayed, the compulsory auction procedure for the land of this case has been conducted, and D acquired the land of this case in the above compulsory auction procedure on May 31, 2016.
E. After D’s consent, A, with respect to the land in this case from the Defendant, began to construct a factory on the land in this case, subject to a disposition to approve the change of a small and medium enterprise start-up business plan under Article 33 of the Act on the Establishment of Small and Medium Enterprises (Article 35(1)1 of the Act on the Establishment of Small and Medium Enterprises) and a disposition to approve the change of a factory start-up business plan under the Industrial Cluster Act (Article 35(1)1 of the Act on the Establishment of Small and Medium Enterprises) and (2) February 16, 2017.
【Ground of recognition” has no dispute, and Gap Nos. 1 through 12.