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(영문) 서울고등법원 2018.01.09 2016누50282
입주계약변경불승인처분 취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. 【Evidence of Disposition】 Evidence Nos. 1 through 3, 8 through 13, entry of evidence No. 4, and the purport of the whole pleadings;

A. The Plaintiff is a corporation that is engaged in waste recycling business, precious metal refining and refining processing business, etc., and the Defendant is a management agency that is entrusted by the Minister of Trade, Industry and Energy with the management of the Silified National Industrial Complex pursuant to Articles 30(1)1 and 30(2)3 and 31(1) of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).

B. Around January 2007, the Plaintiff applied for an occupancy agreement with the Defendant with the type of business as “other non-metallics, refining, and joint gold manufacturing business” (Classification No. 27219) at a factory located in Ansan-si, Sungdong-dong 611-5, Seosan-si, Seosan-si.

C. On June 5, 2009, the Plaintiff transferred the type of business to the Defendant on a factory located in Ansan-si, 769-15, Seoul Special Metropolitan City, Nowon-si, Seoul Special Metropolitan City, the Plaintiff changed the classification number of the manufacturing industry “27219” to “24219,” as the Korea Standard Industrial Classification was amended on February 1, 2008.

The defendant approved the above application on the same day. D.

On September 23, 2014, the Plaintiff closed the above existing factory on September 23, 2014, and on September 24, 2014, filed an application with the Defendant for a occupancy contract with the classification number 24219, the type of business at a factory located at 30 m30, 128, 30, 30, 30, 1,000 in the

E. On May 11, 2015, the Plaintiff filed an application for change of the type of business with the Defendant on May 11, 2015, for permission for installation of air discharge facilities and permission for installation of wastewater discharge facilities from the Gyeonggi-do Governor, and for comprehensive waste disposal business from the Si interest market.

F. On May 12, 2015, the Defendant applied for the Plaintiff at the time of concluding the first occupancy agreement with the Silified National Industrial Complex.

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