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(영문) 수원지방법원 2018.10.04 2018구합64185
실시계획 변경신청 거부처분 취소 청구의 소
Text

1. The plaintiff's lawsuit against the defendant B is dismissed.

2. The plaintiff's claim against the Gyeonggi-do Governor.

Reasons

1. Details of the disposition;

A. The Governor of the Gyeonggi-do publicly announced the approval of the C general industrial complex plan for the creation of a general industrial complex on March 15, 2010 pursuant to Article 15 of the former Act on Special Cases Concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes (Amended by Act No. 11019, Aug. 4, 2011).

B. Since then, the project implementer failed to pay various charges, and failed to secure the ownership of land in the project district, Defendant Gyeonggi-do revoked the designation of an industrial complex on April 11, 2014, and simultaneously revoked the approval of an industrial complex development plan, implementation plan, and the designation of a project implementer.

After that, a project implementer who is dissatisfied therewith filed a lawsuit to revoke or revoke the approval of a general industrial complex plan, etc. as the court 2014Guhap4000, and the defendant Gyeonggi-do Governor revoked the development plan of the above industrial complex, the approval of the implementation plan, and the revocation of the project implementer's designation on June 27, 2016, according to the court's recommendation for mediation, and the Gyeonggi-do public notice E on March 31, 2017 and the Gyeonggi-do public notice E on September 8, 2017, changed the project implementer to Pyeongtaek Urban Corporation and the defendant B corporation (hereinafter "B corporation").

(hereinafter the above industrial complex is "the industrial complex of this case" and the plan to be modified and publicly announced as above is "the industrial complex plan of this case" C.

The Plaintiff is the owner of Pyeongtaek-si G gas station located in the instant industrial complex, 1,253 square meters, H large 755 square meters, and I gas station located on the ground of each of the above land (hereinafter “instant gas station”).

On January 3, 2018, the Plaintiff filed an application to revise the industrial complex plan of this case to ensure that the Defendants and Pyeongtaek City Corporation as the other party to the instant gas station can remain in its original form without removing or transferring the gas station.

Accordingly, the defendant Gyeonggi-do Governor shall delegate the plaintiff's civil petition to the defendant B corporation, etc.

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