개발행위불허가처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of this court concerning the instant case cited in the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, except where the Defendant adds a new judgment on the following arguments emphasized by this court, and thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 4
2. Additional determination
A. Under Article 57(4) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 54(2) of the Enforcement Decree of the National Land Planning Act, and Article 14 of the Ordinance on Permanent Residential Planning, the Defendant’s assertion that the Plaintiff is entitled to demand the Plaintiff to supplement the “Submission of the matters agreed upon with the neighboring housing”. The National Assembly also introduced the prior notification system for the construction of solar power plants to ensure the accommodation of the local residents before obtaining permission for solar power generation projects. In other words, the Electric Utility Act is amended to promote the legislation that stipulates the consent of 2/3 or more of the residents as the requirements for the permission for the electric utility business, and thus, it is justifiable for the Defendant to demand the Plaintiff to supplement the Plaintiff’s request for the supplement with the content that the consent
B. Article 57(4) of the National Land Planning Act provides that “Where a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun grants permission for development activities, he/she may grant permission for development activities on the condition that construction of infrastructure following such development activities or the securing of sites necessary therefor, prevention of danger and injury, prevention of environmental pollution, landscape, landscaping, etc., as prescribed by Presidential Decree.” Article 54(2) of the Enforcement Decree of the National Land Planning Act provides that “the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing