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(영문) 대구지방법원 2015.04.29 2015구합112
포항4일반산업단지개발계획변경요청반려처분취소
Text

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 January 24, 2002, the Defendant: (a) designated the area of 2,095,680 square meters in Seocheon-gu, Nam-gu as Sinpo-si Daepo-ri, Seocheon-gu, Seocheon-gu, Seocheon-gu as a “Ypo-ri General Industrial Complex 4 (hereinafter “instant industrial complex”); (b) designated the Gu Land Corporation as a project executor; and (c) publicly notified the development plan therefor.

B. On May 3, 2005, the former Korea Land Corporation made a public announcement of sale of 12,604.2 square meters of the parking lot site in the instant industrial complex (hereinafter “instant site”) in accordance with the said development plan, and the Plaintiff sold it on May 16, 2005 and filed a report on the installation of an off-road parking lot with the Port Market on October 1, 2006.

C. On November 29, 2013, the Plaintiff filed an application with the Defendant for an amendment to an industrial complex development plan to change the off-road parking lot of the instant site to an automobile depots, but on January 27, 2014, the Defendant issued a return disposition against the Plaintiff to the effect that the alteration to other purposes is not possible as it is a facility lawfully installed in the legal scale at the time of establishing a development plan pursuant to Article 7 of the Industrial Sites and Development Act (hereinafter “instant disposition”).

The Plaintiff filed an administrative appeal on January 28, 2014, but the Central Administrative Appeals Commission rendered a decision to dismiss the request on September 30, 2014, and the foregoing written decision was served on the Plaintiff on October 8, 2014.

E. On January 22, 2015, the Plaintiff filed the instant lawsuit seeking revocation on the ground that the instant disposition was unlawful.

【Uncontentious facts, Gap’s 3, 4 evidence, Eul’s 1 through 5 (including branch numbers), the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant asserts that the plaintiff's lawsuit of this case is unlawful because it failed to observe the period of filing the lawsuit under the Administrative Litigation Act.

B. Article 20(1) of the Administrative Litigation Act provides that a revocation suit shall be instituted within 90 days from the date when the person becomes aware of the disposition, etc.

(b).

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