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(영문) 춘천지방법원강릉지원 2016.09.22 2015구합2094
산업단지 입주계약변경 불승인처분 취소
Text

1. The lawsuit against the defendant third-party market shall be dismissed;

2. Defendant Sam-si is the Plaintiff on January 6, 2015.

Reasons

1. Case history

A. The Plaintiff is a company engaged in the manufacture and sale of concrete products, and Defendant C-Woo-si is the authorized administrator of Seongdong-gu Agricultural and Industrial Complex (hereinafter “instant agro-industrial complex”) that is developed in 818 Il-gu, Samdong-gu, Samdong-gu, Samdong-si, Samdong-si under the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).

B. On December 201, the Plaintiff entered into a contract for occupancy with the content that, on the ground of 21-120 square meters of land in the Dongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si (type classification 23326 according to the Korea Standard Industrial Classification), the Plaintiff entered into a contract to establish and operate a factory with the type of business as “specific pipes and other concrete products

C. On January 6, 2015, the Plaintiff filed an application for change of the occupancy contract with the content that the type of business is changed from the other concrete products and similar products manufacturing industry (Classification No. 23329) to the ready-mixed manufacturing industry (Classification No. 23322) (hereinafter “instant application for change”).

As to this, on January 13, 2015, the defendant Samsan Mayor notified the non-approval of the application for change of the instant case (hereinafter referred to as "non-approval notification of this case") on the ground that "the Mayor may restrict the occupancy even if the environmental conditions of the area where an agro-industrial complex is located or the relevant place of business is required due to the characteristics of the relevant agro-industrial complex, if necessary, under Article 36 (3) of the Integrated Guidelines for Development and Operation of Agricultural and Industrial Complex (Ministry of Trade, Industry and Energy Notice No. 2014-15

On April 9, 2015, the Plaintiff appealed with the Gangwon-do Administrative Appeals Commission, and was dismissed on August 10, 2015.

【Ground of recognition】 Evidence Nos. 1, 2, Eul No. 11-1, and 2-2, the purport of the whole pleadings

2. As to the defendant third-party market:

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