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(영문) 춘천지방법원 2018.06.26 2017구합50568
중소기업 창업사업계획 승인취소처분취소
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. The Plaintiff filed an application with the Defendant for approval of a business plan with the content of establishing a factory to engage in the business of the funeral industry in the 19,894 square meters of Gangwon-gun B forest land (hereinafter “instant land”) in Gangseo-gun B (hereinafter “instant land”).

(hereinafter referred to as the “instant project”). (b)

On August 16, 2016, pursuant to Article 33 of the Support for Small and Medium Enterprise Establishment Act (hereinafter “Small and Medium Enterprise Establishment Act”), the Defendant approved a business start-up business plan with the location of the instant land, factory site area of 19,353 square meters, factory construction area of 1,162.8 square meters (manufacturing facilities 581.4 square meters, 581.4 square meters), and manufacturing business with the type of manufacturing business, on the condition that (i) the farming of neighboring residents shall not be impeded through a business implementation; and (ii) the following consultation regarding permission to convert mountainous districts under Article 14 of the Management of Mountainous Districts Act, among the permits and permits under the approval of a business plan, was implemented;

(hereinafterhereinafter the “instant project plan”). On the other hand, with respect to the portion of 19,353 square meters (hereinafter “instant project site”, among the instant forest land according to the instant project plan approval, approval for the establishment of a factory, permission for conversion of a mountainous district (from April 14, 2016 to January 31, 2018) under Article 13 of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”) and permission for development under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) was deemed to have been deemed to have been granted.

Terms and conditions of consultation on conversion;

2. With respect to the parts relating to land, the following shall be observed:

(b) When intending to modify the originally consulted matters, the procedures for permission for modification and report on modification (minor matters) shall be implemented in advance pursuant to Article 14 (1) of the Management of Mountainous Districts Act;

It is necessary to thoroughly manage the area marks and management of the mountainous district subject to conversion, and it is outside the permitted area.

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