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(영문) 서울고등법원 2019.06.21 2018누66465
부동산처분승인거부처분 취소청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "E, F-Gho Lake" in Part 2, 9 of the judgment of the court of first instance is as "O, F-Gho Lake"; "K" in Part 13 is as "Pho Lake"; "K" in Part 18, 19 of the judgment of the court of first instance is as "B"; "Industrial Cluster Development and Factory Establishment Act" in Part 4, 8, 13 of the judgment of the court of first instance is as "Industrial Site"; "Act on the Development of Industrial Cluster and Factory Establishment" in Part 1, 13 of the judgment of the court of first instance is as "former Industrial Cluster Development and Factory Establishment Act (Amended by Act No. 16172, Dec. 31, 2018); "paragraph 3" in Part 4, 9 of the judgment of the court of first instance is as "paragraph 2"; "Paragraph 2 of the 13th judgment" is as "paragraph 2"; "Article 2 of the Civil Procedure Act" is added as "Article 14(2).

2. The Plaintiff asserts to the effect that the instant real estate disposition is subject to the Industrial Cluster Act, in light of the relevant provisions of the Industrial Cluster Act and the Enforcement Decree of the Industrial Cluster Act and the relevant provisions of the Industrial Cluster Act, etc., the instant notification constitutes an administrative disposition subject to appeal litigation, in light of the industrial cluster Act and the relevant provisions of the Enforcement Decree of the Industrial Cluster Act.

However, the following circumstances, which are acknowledged as comprehensively considering the overall purport of the arguments in Gap evidence Nos. 13, 15, 16, and Eul evidence Nos. 7, 8, and 9, namely, the real estate of this case within an expansion industrial complex other than an existing industrial technology complex, and the expansion of the industrial technology complex was designated only as an industrial technology complex, and was not designated as a general industrial complex, and the Republic of Korea War, Qdong building with the real estate of this case was not designated as an urban factory, and between the plaintiff and Eul.

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