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(영문) 대전지방법원 2015.07.23 2014구합102707
산업단지입주계약변경승인 취소 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the Plaintiffs.

Reasons

1. Details of the disposition;

A. On April 11, 1997, the Intervenor’s Intervenor (hereinafter “the Intervenor”) entered into a contract for occupancy with Defendant Seoan-gu Seoul District Industrial Complex B (hereinafter “C industrial complex”) on April 11, 1997. Around January 2001, the Intervenor newly constructed a factory building on the ground (hereinafter “instant land”) in Seoan-gu, Seoan-gu, Seoan-gu, Seoan (hereinafter “instant land”) factory site 2464m2m2 (hereinafter “instant land”). Around January 25, 2001, the Intervenor engaged in processing of waste plastic and rubber materials processing (hereinafter “instant real estate”). Since November 25, 200, the Intervenor obtained a permit for interim waste disposal business from Defendant Geum River basin basin.

On the other hand, on April 11, 2005, the Do governor of Chungcheongnam-do changed the C industrial complex under the provisions of Article 7 of the Industrial Sites and Development Act, and revised and publicly notified as follows pursuant to the provisions of Article 7-3 of the same Act. On June 10, 2005, the Do governor announced the modification of C industrial complex management master plan as follows. On June 10, 2005, the Do governor issued a public notice of approval for C industrial complex management master plan (revision) including “one sewage disposal, waste disposal, and cleaning service company, and the size of which are 2,682m2.8m2.”

Since then, the intervenor changed the category of business around May 2007 to the designated waste disposal business, and entered into a modified contract with the Defendant on May 11, 2007.

However, as the C Industrial Complex Management Plan was revised on January 21, 2008, Article 4 of the Enforcement Rule of the Clean Air Conservation Act was newly established. Among them, Article 4 of the Enforcement Rule of the said Act was stated following the fact that the C Industrial Complex Management Plan was a place of business discharging specific air pollutants. However, the said management plan on January 21, 2008 also read “the area of one area for sewage treatment, waste treatment, and cleaning service company” as “the area of 2,682.8 square meters.”

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