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1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On December 5, 2008, the Plaintiff obtained an approval of a small and medium enterprise start-up business with respect to “manufacturing business of components of a ship”, etc. (the site area: 116,549 square meters, the building area: 4,280 square meters of manufacturing facilities, and ancillary facilities: 600 square meters) for two parcels, other than B, private city, and private, from the Defendant.
B. On July 10, 2015, the Defendant issued a disposition to revoke a business establishment approval plan (effective date: July 17, 2015) pursuant to Article 37(1)1 and 4 of the Support for Small and Medium Enterprise Establishment Act on the ground that the Plaintiff did not commence the construction of a factory by the date three years have elapsed since the approval was obtained, and the construction of a factory has not been completed by the date four years have passed since the approval was obtained.
(hereinafter “instant disposition”). C.
On July 13, 2015, the Plaintiff’s representative director C received a written notice on the instant disposition by registered mail, and filed a petition for trial (hereinafter “instant petition for trial”) with the ordinary South-do Administrative Appeals Commission on October 14, 2015.
On the other hand, on November 25, 2015, the Gyeongnam-do Administrative Appeals Commission dismissed the petition on the ground that “the petition for a trial in this case was filed with the lapse of the period for filing the petition, and is unlawful.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 14, 15, Eul evidence Nos. 3, 5, 8 through 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The head of a Si/Gun/Gu may revoke approval of a project plan, permission to construct a factory, or issue an order to reinstate the relevant land, if a person who has obtained approval of a project plan falls under any of the following cases:
(c) Where he/she fails to commence the construction of a factory within the period prescribed by Presidential Decree from the date when the project plan is approved or suspends the construction of a factory for a period prescribed by Presidential Decree after commencement;
4. A period prescribed by Presidential Decree after a project plan is approved;