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(영문) 창원지방법원 2019.08.22 2019구합51282

개발행위불허가처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of disposition;

A. On July 30, 2018, the Plaintiffs filed an application for permission to engage in development activities and an application for permission to divert farmland with a view to installing solar power generation facilities in 3,241 square meters (hereinafter “the instant application site”) with the Defendant in Hadong-gun (hereinafter “instant application site”).

(hereinafter “instant application”). The location and shape of the instant application site are indicated below.

B. On October 17, 2018, the Defendant rejected the instant application from the Plaintiffs on the following grounds:

(hereinafter referred to as “instant disposition”). Landscape of the subject land and the plan to establish a panel is the entrance of the village where it is not suitable for the field, and there is a possibility of dispute over farmland due to damage to the natural landscape of rural communities, the occurrence of inconvenience to farming in surrounding farmland, etc.

C. Although the Plaintiffs filed an administrative appeal seeking the revocation of the instant disposition with the Gyeongnam-do Administrative Appeals Commission, the Plaintiffs were dismissed on January 30, 2019.

[Reasons for Recognition] A without dispute, Gap 1-5, Eul 1-3, the entire purport of the pleading

2. Whether the disposition of this case is legitimate;

A. Prior to the instant disposition, the Defendant asserted that the Defendant permitted development activities for the installation of various solar power infrastructure prior to the instant disposition. The permitted case goes against the principle of equality because surrounding landscape, location, etc. are not more appropriate for permission for development activities than the instant application, and the Defendant did not take any measures to minimize the Plaintiffs’ damages, such as demanding supplementation prior to the instant disposition regarding landscaping and the plan to establish a panel, etc., and immediately goes against the principle of proportionality, such as making the instant disposition. There is farmland and five households around the instant application site, but there is a farm household with five households around the instant application area, and there is no landscape to preserve them differently from the surrounding area of the instant application site, and there is no disadvantage that is incurred in the agricultural process of surrounding farmland.