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(영문) 대법원 2017.06.15 2014두46843
입주변경계약취소처분등취소
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on the revocation of a contract for modification, the issue of whether an administrative agency’s act can be the subject of an appeal litigation cannot be determined abstractly and generally. In specific cases, an administrative disposition is a law enforcement with regard to specific facts conducted by an administrative agency as the subject of public authority, which directly affects the rights and obligations of the people. In mind, the determination should be made on an individual basis by taking into account the content and purport of the relevant Act and subordinate statutes, the subject, content, form, and procedure of the act, the substantial relation between the act and the disadvantage suffered by interested parties such as the other party, and the principle of administration

(see, e.g., Supreme Court en banc Decision 2008Du167, Nov. 18, 2010). According to the former Industrial Cluster Development and Factory Establishment Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Industrial Cluster Act”), the administrative authority of a general industrial complex shall be the Mayor/Do governor (Article 30(1)2); the Defendant Association Sungnam Industrial Complex Management Corporation (hereinafter “Defendant Corporation”) shall be the administrative authority entrusted with administrative affairs by the administrative authority (Article 30(2)3); a person who conducts or intends to conduct manufacturing business in an industrial complex shall enter into an occupancy agreement with a management agency as prescribed by Ordinance of the Ministry of Knowledge Economy (the main sentence of Article 38(1)); and a new modification agreement shall be entered into in cases where he/she intends to modify matters prescribed by Ordinance of the Ministry of Knowledge Economy in an occupancy agreement.

(Article 13(2)2 and (1) of the Act shall be deemed to have been approved for the establishment, etc. of a factory if an occupancy contract and an alteration contract are concluded (Article 13(2) of the Act), and a contract for occupancy or alteration shall be concluded.

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