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(영문) 서울행정법원 2017.07.14 2016구합75227
입주계약변경 승인불가 처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 31, 2007, for the purpose of constructing a factory for manufacturing LOHAS coal, which is a kind of recycled fuel, the Plaintiff was sold in lots by the Defendant for the purpose of site use as “industrial facilities use (factory site: Recycling site).”

B. On January 20, 2009, the Plaintiff newly constructed a factory building with the second floor size on the instant land, and registered the completion report and registration of the establishment of a factory with the business type of non-metallic material recycling business to the Defendant.

C. After that, as the Plaintiff failed to realize the commercialization of Rostan due to technical problems, etc., it applied for the change of occupancy contract to the Defendant to operate a ready-mixed manufacturing business instead of an existing “non-metallic material recycling business,” on the instant land. However, on February 2, 2016, the Defendant notified the Defendant of the change of occupancy contract due to the reason that the Defendant did not comply with the basic direction for the management of the instant industrial complex, such as wastewater, air pollution (Scattering dust), noise and traffic damage, thereby hindering the production activities of occupant enterprises in the industrial complex.”

On June 15, 2016, the Plaintiff filed an application again with the Defendant for the alteration of occupancy contract (hereinafter “instant application”). However, on June 23, 2016, the Defendant managed a national industrial complex as to the Plaintiff on the ground that “Reconform manufacturing business is not a type of business suitable for the basic direction for the management of the industrial complex of this case, and the area where the relevant factory is located is located, for which the alteration of occupancy contract (the alteration of type of business) applied by the Plaintiff as a specific purpose (the use of recycling industry facilities) during the industrial facilities zone (hereinafter “Industrial Cluster Act”), Article 38(2) of the Industrial Cluster Development and Factory Establishment Act, Article 35 of the Enforcement Rule of the same Act (hereinafter “Enforcement Rule of the Industrial Cluster Act”).

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