1. The plaintiff's claim is dismissed.

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

Details of the disposition

On August 14, 2017, the Plaintiff entered into a contract to take over all rights and obligations of business with respect to a factory located in Pakistan (hereinafter referred to as “existing factory”) from a stock company, which is engaged in the manufacturing business of teas and special teas (hereinafter referred to as “existing factory”).

On October 25, 2017, the Plaintiff: (a) changed the type of business of an existing factory to a ready-mixed manufacturing business; and (b) applied for the alteration of factory registration with the content of changing the size of “27,61 square meters of factory site area, 371.7 square meters of manufacturing facility area, 372.7 square meters of manufacturing facility area, and 66.5 square meters of ancillary facilities area” to “27,69.28 square meters of factory site area, 469.78 square meters of manufacturing facility area, and 66.5 square meters of ancillary facilities area.”

According to the statement No. 3-1 of the Industrial Cluster Development Act, the plaintiff filed an application for approval to change the establishment, etc. of a factory to the defendant on September 2017 pursuant to Article 13 (1) of the Industrial Cluster Development Act. However, according to the statement No. 3-2 of the certificate No. 3-2, the plaintiff did not apply for approval to change the establishment, etc. of a factory but applied for registration of a factory (the partial operation and alteration). The plaintiff asserts that the manufacturing facility area of the factory of this case is less than 500 square meters and the application of this case is not subject to approval under the main sentence of Article 13 (1) of the Industrial Cluster Development Act, and the purport of the written disposition of this case is also stated that it is necessary to apply for approval to establish a factory pursuant to subparagraph 5 of the attached Form No. 3-1 (the application for approval to change the factory registration) of the above Form No. 5.

The above application is referred to as the "application of this case" and it is referred to as a "factory to be changed to the existing factory".