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(영문) 제주지방법원 2017.09.13 2016구합265
오라관광지개발사업시행승인 취소처분 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. 1) In accordance with Article 11(4) of the former Special Act on Jeju-do Development on December 30, 1999, the Defendant is a oil development corporation, a pair of construction corporations, and an Oras joint stock farm association, and the project period is from February 2, 200 to December 2, 2005, the land of 2,683,020 square meters in Jeju-si 2,00 square meters in total (hereinafter “instant project site”).

A) The term “the Lao Tourist Development Project” (hereinafter “instant Development Project”) with the content of installing accommodation, commerce, sports and entertainment facilities, etc.

(2) Around February 2002, as the instant development project was approved, infrastructure construction works, such as main entry roads, etc., in the instant project site were commenced. On July 2004, a pair of construction companies withdrawn from the status of the implementor of the said development project, and around December 2004, the project operator was changed from the Orra Joint Stock farm Association to the Plaintiff.

(B) With respect to the instant development project, the Plaintiff et al. made a report of change to extend the project period to December 31, 2009. 3) In relation to the instant development project, the construction has been suspended for a long time due to the change of multiple project implementers and the deterioration of funds, while holding a hearing procedure on April 2007 with respect to the cancellation of approval for the implementation of development projects under the condition that the charges for various authorization and permission were unpaid, but a consultation was made to grant a grace period for the implementation of the legal fiction of authorization and permission and the conditions for approval. (B) The Defendant, Kudong Construction Co., Ltd. (hereinafter “Dadong Construction”) on behalf of the existing project implementer around October 208, 2008, after the change to the joint project proprietor of the instant development project from July 201 to July 2013, 2010 to the Plaintiff and the Plaintiff, the Plaintiff, and the Plaintiff, and the Dongdong Construction were requested to resume the instant development project on behalf of the existing project implementer.

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