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(영문) 광주지방법원 2016.08.18 2016구합10305
입주계약반려처분취소청구의 소
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 is the representative of C (Automatic Manufacturing Business), and the Defendant is the management agency entrusted with the management of D industrial complexes (hereinafter “instant industrial complex”) by the Minister of Trade, Industry and Energy pursuant to Articles 30(1)1, 30(2)3 and 31(1) of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”).

B. On August 10, 2015, the Plaintiff entered into a contract with E to purchase the industrial site and factory located in Gwangju Northern-gu in the instant industrial complex (hereinafter “instant industrial site and factory”) with the purchase price of KRW 590 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer on the instant industrial site and factory on September 16, 2015.

C. On December 23, 2015, the Plaintiff submitted to the Defendant an application for occupancy contract of the industrial complex to move into the instant industrial site and factory (hereinafter “instant application”). On December 23, 2015, the Defendant rejected the instant application (hereinafter “instant disposition”) on the ground that “The instant industrial site and factory were voluntarily disposed of in violation of Article 38-2(4) of the Industrial Cluster Act after G (E) changed the type of business to a rental business operator and entered into a occupancy contract with the Defendant, and thus, it cannot be concluded between the Plaintiff and the Plaintiff pursuant to Article 38-2(5) of the Industrial Cluster Act.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 8 (including additional number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion in this case deviates from and abused discretion for the following reasons.

1 E, on January 2005, entered into a contract for occupancy with the Defendant for the same year due to the change of the type of business as a real estate rental business, and thereafter, it had ownership at the time of entering into the instant contract, and E or G, a new contract for occupancy with the Defendant, has not been entered into between E and the Defendant.

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