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(영문) 울산지방법원 2015.11.26 2014구합5976
용암일반산업단지계획승인신청반려처분취소
Text

1. On November 4, 2014, the Defendant’s application for approval of a A general industrial complex plan filed with the Plaintiff is revoked.

2...

Reasons

Details of the disposition

D High Schools located in Ulsan Metropolitan City C (hereinafter referred to as the “instant school”) have become a construction work for the creation of a new general industrial complex in the vicinity, and it was necessary to transfer the school due to the aggravation of educational environment.

Accordingly, 6,055 persons, including parents, school staff, and local residents, of the instant school, filed a civil petition stating the transfer of the instant school to the Anti-Corruption and Civil Rights Commission (hereinafter “the instant school juristic person”) by designating F as the president of the school juristic person E (hereinafter “the instant school juristic person”). Accordingly, on July 14, 2011, the conciliation was concluded including the following (hereinafter “instant conciliation”).

The applicant and the respondent shall move the school of this case into another place due to the creation of an industrial complex, etc., and shall promote the creation of a general industrial complex by private development in the school site.

B. To this end, an applicant shall select a sound private development entrepreneur with the sufficient capacity and qualification to create an industrial complex, and if an industrial complex plan is approved and publicly notified, the applicant shall sell the site and facilities of the school to the developer, but shall, in advance, consult with the respondent about the overall relocation of the school, such as the selection of the site for relocation of the school, and then request the respondent to move

(c)Any agency concerned shall, upon application of a developer for approval of an industrial complex plan in accordance with the relevant legislation and procedure, faithfully examine it within the extent of the legislation and actively cooperate to ensure that the industrial complex will be developed smoothly by proceeding the necessary measures.

The instant school juristic person selected the Plaintiff as a private development entrepreneur who will create an industrial complex on the instant school site, and on June 26, 2012, the Plaintiff is governed by the instant school juristic person.

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