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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 11, 2013, the Korea Industrial Complex Corporation and the Defendant publicly announced the sale of industrial facility sites and the conclusion of occupancy contracts of the industrial complex as stated in the purport of the claim in the Jinsung-gun, Jinsung-gun, Jindong-ri, and the purport of the claim in the South Myeong-ri (hereinafter “instant industrial complex”) (hereinafter “instant public announcement”).
According to the public notice of this case, a person who meets the occupancy qualification pursuant to Article 6 of the Enforcement Decree of the Industrial Cluster Development and Factory Establishment Act, Article 34 of the Special Act on the Promotion of Special Zones for Research and Development, and the implementation plan of the industrial complex of this case (No. 2012-181 of the Jeonnam-do notification on June 5, 2012) has the occupancy qualification, but the environmental harmful industry that causes environmental pollution shall be excluded from the category
According to the public notice of this case, ① the person who wishes to move into the industrial complex of this case shall file an application for the sale of the land in lots with the Korea Industrial Complex Corporation and the defendant, ② the defendant shall select the person to move into the industrial complex in accordance with the relevant regulations, ③ the person to move into the industrial complex shall enter into the occupancy contract with the defendant, the contract for the sale in lots with the Korea Industrial Complex Corporation, and the person who is selected as the person to move into the industrial complex shall not refuse the occupancy and the contract for the sale in lots to the
On November 26, 2013, the Plaintiff submitted an application for parcelling-out to the Korea Industrial Complex Corporation with respect to A4-5 block among the instant industrial complex. On December 2, 2013, the Plaintiff submitted an application for an occupancy contract with respect to the said site to the Defendant.
The defendant sent a reply that the plaintiff is not eligible to move in on the ground that the business type operated by the plaintiff is an environmentally hazardous business type, and the above site that the plaintiff applied for sale and occupancy contract was sold to another business.
[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 9.