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(영문) 인천지방법원 2017.04.28 2016구합52570
개발부담금부과처분취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation established under the Industrial Cluster Development and Factory Establishment Act to develop and manage an industrial complex and to support the industrial activities of enterprises, and completed the first stage development project as of December 29, 1989, and finally completed the second stage development project as of June 30, 1992, and finally completed the second stage development project as of February 28, 197 (hereinafter “the industrial complex of this case”).

B. The Plaintiff is implementing a structure improvement project within an industrial complex in accordance with an industrial complex structure improvement plan approved by the former Industrial Cluster Development and Factory Establishment Act (amended by Act No. 10491, Mar. 30, 201) for the purpose of promoting higher added value of the type of business of the instant industrial complex as well as enhancing productivity through improving the working environment, and strengthening the competitiveness of the industrial complex. As such, the Minister of Knowledge Economy, as of November 4, 2010, approved the Plaintiff’s business plan for upgrading the structure of the industrial complex, shall specify “the Industrial Cluster Development and Factory Establishment Act,” its Enforcement Decree, and “the Industrial Sites and Development Act” during the implementation thereof, and “the Industrial Sites and Development Act” under Article 45-2(2) of the former Industrial Cluster Development and Factory Establishment Act (hereinafter referred to as the “former Industrial Cluster Development Act; hereinafter the same shall apply).

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