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(영문) 부산고등법원(창원) 2016.08.10 2015누11267
양산일반산업단지 지정 및 실시계획 변경 승인 처분 취소
Text

1. Revocation of a judgment of the first instance;

2. A general industrial complex, the defendant of which was notified C on January 9, 2014.

Reasons

1. Details of the disposition;

A. On October 19, 201, the Intervenor Intervenor B (hereinafter referred to as the “ Intervenor”), D (hereinafter referred to as “D”), Dong name Co., Ltd. (hereinafter referred to as “Dong name”), and school forest (hereinafter referred to as “school forest”), including the Intervenor, Dong name, and school forest, (hereinafter referred to as “participating, etc.”) withdrawn the application for approval under the following subparagraphs on November 9, 201; on October 19, 201, the Intervenor designated the Intervenor as the representative company; on January 14, 201, Article 11(1) of the former Industrial Sites and Development Act (amended by Act No. 12253, Jan. 14, 2014; hereinafter referred to as the “former Industrial Sites Act”); and on January 2697, 201, the former Enforcement Decree of the Industrial Sites and Development Act (amended by Presidential Decree No. 26978, Feb. 11, 2016; hereinafter referred to as “former Enforcement Decree of the Industrial Sites Act”).

(hereinafter referred to as “instant application”). (b)

On January 2, 2014, the Defendant approved the designation (development plan) of a general industrial complex and the modification of an implementation plan as follows in accordance with Articles 7 and 18 of the former Industrial Sites Act through several supplements and deliberations, and on January 9, 2014, the Defendant publicly notified the designation of a general industrial complex and the modification of an implementation plan as follows, and on January 9, 2014.

(이하 “이 사건 처분”이라고 한다). ◇ A일반산업단지 지정(변경)

1. Name, location and size (change) of industrial complex;

(a) Name: A general industrial complex;

(b) Location: E in Yangsan City;

(c) Area (change): 1,528,655 square meters [113,935 square meters in increase (hereinafter referred to as the “instant disposition”)] 1,642,590 square meters [113,935 square meters in total of the land to be incorporated in the two general industrial complexes, each of which is the same as “the instant application site”;

[Attachment]

2. A general industrial complex is currently in the current state of globalization as it is completed and in operation in the early 1980s. The business expansion plan of the relocated company shall be the business expansion plan.

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