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(영문) 서울중앙지방법원 2017.12.12 2014가합55333
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. Basic facts

A. Approval for the establishment of a factory for the Plaintiffs and permission for conversion of mountainous district accompanied thereby, 1) Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”).

(1) The former Industrial Cluster Development and Factory Establishment Act (amended by Act No. 9401, Jan. 30, 2009; hereinafter “former Industrial Cluster Act”) on January 19, 2009

() Pursuant to Articles 13(1) and 20(2) of the former Industrial Cluster Act, a factory with a size of 27,79m2, 79m2, 7,000m2, an area of manufacturing facilities, and an area of 2,00m2,00m2 on the ground of eight lots, Y-gu, Y-gu, Y-gu, Seoul, Seoul, where a planned management area was planned by the competent administrative agency, pursuant to Article 13(1) and 20(2) of the same Act, was approved for the construction of a factory with a size of 27,79m2,00m2, which is 2,00m2,00m2. At the same time, where

(2) The Plaintiff A Co., Ltd. (former trade name was “B”) was deemed to have obtained permission, etc. for mountainous district conversion under Article 14. At the time of the said approval for the establishment of a new factory, the astronomical Mayor set the period of permission for mountainous district conversion to Plaintiff C from January 19, 2009 to December 31, 201, and deposit KRW 219,353,000 for mountainous district restoration expenses under Article 38 of the former Management of Mountainous Districts Act in cash or as a guarantee insurance policy for authorization and permission within 30 days from the date of said approval. If the Plaintiff submitted the guarantee insurance policy for authorization and permission, the insurance period was to be the period of 12 months added to the said permission period. 2) The Plaintiff Co., Ltd. (former trade name was “B Co., Ltd.; hereinafter “Plaintiff”) obtained approval for the size of factory site from the competent administrative agency on March 31, 2009; 300,70,000 square meters of G-dong.

At the time of approval for the establishment of the above factory, the astronomical Mayor shall grant the period of permission for conversion to the plaintiff A from April 1, 2009 to March 1, 2012.

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