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(영문) 수원지방법원 2017.09.07 2016구합66576 (4)
이행강제금부과처분취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. Before and after the approval of factory construction, the Plaintiff refers to the 15 parcel listed in the attached Table (hereinafter referred to as the “instant parcel of land”). The Plaintiff refers to the 15 parcel of land in the attached Table No. 1 to 14.

(2) On March 21, 2005, the Defendant applied for the approval of the establishment of a factory by setting the scheduled date for commencement as of April 2005 and as of March 3, 2007. 2) On April 15, 2005, the Defendant approved the establishment of a factory (hereinafter “instant approval”) pursuant to Article 13(1) of the former Industrial Cluster Development and Factory Establishment Act (amended by Act No. 7678, Aug. 4, 2005; hereinafter “Industrial Cluster Act”) pursuant to Article 13(1) of the former Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).

Conditions of Approval for New Establishment of Factories

1.The approval of factory construction may be revoked if:

Where a report on the completion under Article 15 of the Act is not made within four years from the date when three years (two years from the date when permission for or report on the diversion of farmland has been deemed granted) have elapsed from the date of approval for the establishment of a factory without justifiable grounds, or where construction has been suspended for not less than one year after the commencement of a factory without justifiable grounds, after approval for the establishment, etc. of a factory and

9. He shall obtain the building permit under the provisions of Article 8 of the Building Act.

3) The Minister of Land, Transport and Maritime Affairs established and publicly announced a five-year comprehensive plan for the development of logistics facilities pursuant to Article 4 of the former Act on the Development and Operation of Logistics Facilities (amended by Act No. 8852, Feb. 29, 2008) (No. 2008-271, the Ministry of Land, Transport and Maritime Affairs announced) and the Gyeonggi-do Governor on June 9, 201 (hereinafter “Distribution Facilities Act”).

(2) Pursuant to Article 22, the logistics complex (hereinafter “instant logistics complex”) is one of the instant land in Pyeongtaek-si B, including the instant land, and is one of three logistics complexes (hereinafter “instant logistics complex”).

(i) have been designated and publicly announced as such (Notice D of Gyeonggi-do);

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