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(영문) 부산고등법원(창원) 2020.09.17 2020나10896
사해행위취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. On October 30, 2003, the Ministry of Finance and Economy (amended by Act No. 8859 of Feb. 29, 2008) restructuring into the Ministry of Strategy and Finance in integration with the Ministry of Planning and Budget on the same day, but the function of planning free economic zones, which the Ministry of Finance and Economy had established, was integrated into the Ministry of Knowledge Economy as the Act on Designation and Management of Free Economic Zones.

The Ministry of Commerce, Industry and Energy has been reorganized into the Ministry of Knowledge Economy on March 23, 2013, and the Ministry of Knowledge Economy has used the name of the Ministry of Trade, Industry and Energy so far.

Pursuant to Article 4 of the former Enforcement Decree of the same Act (amended by Presidential Decree No. 20655 of Feb. 29, 2008), Jeonnam-do designated and publicly announced a R, P, Q, and Gyeongnam-do as a F free economic zone pursuant to Article 4 and the Enforcement Decree of the same Act (amended by Presidential Decree No. 20655 of Feb. 29, 2008). I Co., Ltd.

(2) The lower court determined that “H industrial complex development project” (hereinafter “instant project”) intended to reclaim the G sea in front of the G sea in the Gyeongnam-ri, Gyeongnam-ri, and to create a T Industrial Complex equivalent to 1.7 million square meters.

(2) On September 12, 2008, the Plaintiff and the Project Association succeeded to the status of the project executor in the instant case from Gyeongnam-do government-invested institutions, etc. by the Ministry of Knowledge Economy (Public Notice of Approval for Amendment to the Development Plan for the F Free Economic Zone G reclaimed Land and the Land Reclamation Reclamation) as a public notice of the Ministry of Knowledge Economy on September 12, 2008.

3) On February 29, 2008, C was in charge of duties concerning the development of free economic zones as the Plaintiff’s economic city and local administrative branch (Grade VI). On January 1, 2010, C was selected as V and local administrative officer (Grade V) treatment on October 13, 2012, and was promoted to V (Grade V) on October 13, 2012. On April 1, 2016, C was serving as a public official belonging to the Plaintiff until it is transferred to Sejong. 4) The Defendant is a legal spouse of C.

B. On August 31, 2009, the Plaintiff and the project team undertaken the instant project.

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