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(영문) 의정부지방법원 2020.05.19 2018구합16029

개발행위불허가처분취소

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1. The Defendant’s disposition of denying each of the development activities against the Plaintiffs on September 7, 2018 is revoked.

2...

Reasons

1. Details of the disposition;

A. On March 14, 2018, the Plaintiffs obtained a permit for solar power generation business with a facility capacity of not exceeding 3,00 kilograms from the Gangwon-do Governor pursuant to the Electric Utility Act, and on April 13, 2018, the Defendant; ① Plaintiff A Co., Ltd.: (a) the content of the Plaintiff Co., Ltd.: (b) the total of KRW 12,322§³ before Gangwon-gun D; (c) the total of KRW 28,457§³; (d) G-73§³; (e) the G-type 426§³; (e) the I-type 707§³; (g) the G-type 14,277С; (e) the K-type 1,123С; (g) the total of KRW 32,402§³; and (g) the Plaintiff Co., Ltd., Ltd.: (e) the total of KRW 21,042С of forest and field of not more than 2342,2321,26342,2262, and27.

(The above 15 parcels of land are located adjacent to each other, and thus, they show the shape of a geographical similarity. The land in the above 15 parcels of land is added to each of the above 15 parcels of land, "each of the instant applications", and the plaintiffs' application for permission for each of the development activities is referred to as "each of the instant applications."

On July 25, 2018, the Defendant held a subcommittee on the steel Gun Planning Committee to deliberate on each of the instant applications, and rejected each of the instant applications as a result of deliberation.

C. On September 7, 2018, the Defendant rejected each of the instant applications from the Plaintiffs on the grounds that the application does not meet the criteria for permission for development activities under Article 58 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56 of the Enforcement Decree of the same Act due to the following reasons.

As a result of the deliberation by the Gun Planning Committee of the Iron-gun on 10th 2018

(b) damage to neighboring villages and areas adjacent to the river bed of rivers due to excellent rain coming from O when such solar power facilities are installed.