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(영문) 광주지방법원 2011.11.24 2011구합2088
허가신청반려처분취소
Text

1. The Defendant’s disposition of rejection of an application for permission to implement harbor works filed by the non-management authority on March 14, 2011 is revoked.

2...

Reasons

Details of the disposition

The Plaintiff established and promoted a business plan with the contents of assembling and producing ship blue block and plant cargo, etc. in a wooden harbor.

On August 20, 2010, the Simpo Port Co., Ltd. (hereinafter referred to as the “Ypool Port Co., Ltd.”) requested on August 20, 2010, the Ministry of Land, Transport and Maritime Affairs (hereinafter referred to as the “Simpo Port”) to approve the implementation of “the improvement plan for harbor equipment and other minor profitability projects for the efficient disposal of plant cargo.” The Ministry of Land, Transport and Maritime Affairs, on September 27, 2010, decided on September 27, 2010 with respect to the multi-purpose port site within the Simpo Port (hereinafter referred to as the “Simpo Port site”), 34,200 square meters of the used area, rent of KRW 248,00,000,000 per year, and

Accordingly, on September 28, 2010, the Plaintiff purchased a total of 34,50,000,000 square meters of the area of 1330-15,000 square meters and 13 lots located in the hinterlands of the Sinpo Port from the Sinpo Port (ju) on a total of 13,000,000,000 square meters for 6,250,000,000 won. On October 20, 2010, the Plaintiff concluded a contract for the use of the instant harbor site and harbor facilities with the Sinpo Port (ju) with the content that the use of the instant harbor site and the harbor facilities by December 31, 2016.

In addition, on October 25, 2010, the Plaintiff and the Defendant, Mapo-si, and Mapo-si (ju) concluded an investment agreement with the effect that “the Plaintiff shall make an investment in total of 36 billion won, including the installation of Mebble block, alleys, and offshore plants, on the instant harbor site and its hinterland site, and shall make every effort to provide administrative and financial support for the Plaintiff’s successful investment.”

On February 8, 2011, the Plaintiff filed an application with the Defendant for permission for the execution of harbor works with a non-management authority, which establishes franchises to assemble and produce vessel lux, plant cargo, etc. on the instant harbor site (hereinafter “application for permission for harbor works of this case”).

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