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(영문) 창원지방법원 2014.11.14 2014구합20832
공장설립불승인처분 취소
Text

1. The disposition of non-approval for factory establishment issued by the Defendant to the Plaintiff on February 28, 2014 shall be revoked.

2. Of the costs of lawsuit.

Reasons

1. Details of the disposition;

A. Application for approval of general industrial complex plan, etc. 1) Intervenor joining the Defendant (hereinafter “ Intervenor”)

(2) On April 10, 2013, the Defendant, on April 10, 2013, is a general industrial complex for the Kimhae-si (hereinafter “instant industrial complex”), including an industrial complex and an application for designation of a project operator, with respect to the amount of 219,640 square meters per se, which is the salary 86-1 square meters per annum

(2) On April 12, 2013, the Defendant publicly announced the holding of joint briefing sessions on the instant industrial complex plan, and notified the intervenors on April 17, 2013.

The above joint briefing session was held on April 23, 2013 and September 17, 2013, but all of it was omitted.

3) On November 28, 2013, the Defendant requested the relevant agencies and departments to hold consultations on the instant industrial complex, and thereafter, the relevant agencies and departments submitted a plan for consultation and measures. On July 7, 2014, the Defendant deliberated on the alteration of the current state of designated cultural heritage in Gyeongnam-do and Do. On July 8, 2014, the Defendant completed an environmental impact assessment consultation with the Sindong River Basin Environmental Office and the Sindong River Basin Environmental Management Office. 4) on July 22, 2014, the Defendant filed an application for deliberation with the Sinnam-do Local Industrial Complex Planning Deliberation Committee to determine whether to approve the instant industrial complex plan with the Sinnam-do Governor on July 22, 2014. On August 28, 2014, the said local industrial complex planning deliberation committee was held, and the deliberation was conducted.

B. On the other hand, on January 29, 2014, the Plaintiff issued a disposition of non-approval for the establishment of a factory to the Defendant on January 29, 2014, the sum of 116-10 square meters (hereinafter “instant land”) out of one parcel, 13,550 square meters (hereinafter “instant land”).

(2) On February 5, 2014, the Defendant sought an opinion on the application for approval of the establishment of a factory on the ground that the above factory is located in the center of the industrial complex project area of this case and the structural conflict between the target area and the area of the project.

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