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(영문) 청주지방법원 2014.04.17 2013구합1138
음성생극단지계획승인고시취소 등
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On April 19, 2013, the Defendant: (a) made a project implementer a A industrial complex planning, approval, and public notice (hereinafter “instant industrial complex”) (hereinafter “instant disposition”); and (b) made the main content as follows.

- A - Name of an industrial complex - The location of an industrial complex A: The area of the Filwon Industrial Complex in Chungcheongnam-gun, Chungcheongnam-do: the purpose and necessity for the designation of an industrial complex of 457,634m2 (a approximately 138,00m2) - The development and employment increase of voice groups, the optimal industrial location for the revitalization of the regional economy, and the contribution to the regional development by increasing employment and income level of the region.

(a) Project operator: A major development method type of business from 2011 to 2015; a private development method type of business: A cost of establishing a site for metal processing products, other manufacturing business of machinery and equipment: 305, 5196.8; 2,39, 719, 32.7: 457,63410 land use plan;

B. Plaintiff B is the owner of 7 lots of land, such as H, I, J, K, L, M, and N, the Plaintiff C is the right holder of 1/7 of the O land, and each of the above lands was incorporated into the instant industrial complex.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Eul's 11, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. 1 The Plaintiffs’ assertion 1) The former Industrial Sites and Development Act (amended by Act No. 12253, Jan. 14, 2014; hereinafter “former Industrial Sites Act”).

Article 16(1)4 of the Enforcement Decree of the Industrial Sites Act (amended by Presidential Decree No. 25050, Dec. 30, 2013; hereinafter “former Enforcement Decree of the Industrial Sites Act”).

Considering the contents and purport of the relevant Acts and subordinate statutes, such as Article 19 (3), a corporation incorporated by participating in investment for the development of an industrial complex shall become a project operator.

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