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(영문) 서울행정법원 2016.06.09 2015구합69942
입주계약변경불승인처분 취소
Text

1. On May 12, 2015, the Defendant’s disposition of non-approval for the alteration of the occupancy agreement issued to the Plaintiff is revoked.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation that is engaged in waste recycling business, precious metal refining and processing business, etc., and the Defendant is a management agency that is entrusted by the Minister of Trade, Industry and Energy with the management of the Silified National Industrial Complex (hereinafter “instant industrial complex”) pursuant to Articles 30(1)1 and 30(2)3 and 31(1) of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).

B. Around January 2007, the Plaintiff applied for an occupancy agreement to the Defendant with the type of business as other non-metallic refining, refining, and joint gold manufacturing (Classification No. 27219) at a factory located in Ansan-si, Sungdong-dong 611-5, Sungdong-dong, Seosan-si, a half-month industrial complex.

C. On June 5, 2009, the Plaintiff changed an application for the occupancy agreement to the Defendant on the following day: (a) the type of business was changed to the factory located in Ansan-si, Nowon-si, Seoul Special Metropolitan City, Nowon-si, 769-15; (b) the Plaintiff applied for the change of the occupancy agreement with the classification number of the above manufacturing industry was changed to 27219 to 24219 to February 1, 2008; and (c) the Defendant approved the above application on the same day.

On September 23, 2014, the Plaintiff closed the above existing factory, and on September 24, 2014, applied for an occupancy contract with the Defendant with the classification number of 24219, the type of business at the factory located in 30, 128, 30, 30 (1235-6, 1235-6, 123) within the industrial complex of this case.

E. On May 11, 2015, the Plaintiff filed an application for change of the type of business with the Defendant for the permission for installation of air discharge facilities, the permission for installation of wastewater discharge facilities, and the permission for the comprehensive waste disposal business from the Si interest market after relocating the factory as above.

F. On May 12, 2015, when concluding an occupancy agreement of the industrial complex of this case to the Plaintiff on May 12, 2015, the Defendant, as a manufacturing industry, has occupied the other non-ferrous metal refining, refining, and making shot (24219) applied by the Plaintiff.

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