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(영문) 청주지방법원 2018.10.25 2017구합2672

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 the disposition;

A. On October 17, 2016, the Plaintiffs filed an application with the Defendant for permission to engage in development activities (hereinafter “instant application”) to construct solar power plants on the ground (hereinafter “instant application”) on the land, including 12,478m2, and 40,000m2 (hereinafter “instant application site”), a planned control area, to build solar power plants (hereinafter “instant facilities”).

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B. On April 4, 2017 and April 28, 2017, and June 7, 2017, on the instant application, the Manosan Urban and Gun Planning Committee under the Defendant’s control deliberated on the application of this case on three occasions, and finally decided on June 7, 2017 as “undetermination” in relation to the instant application.

Pursuant to Article 58 of the National Land Planning and Utilization Act, Article 58 of the Enforcement Decree of the same Act, and Articles 1-2 (Standards for Permission for Development Acts), 59 of the same Act, Article 57 (Deliberation, etc. by Urban Planning Committee on Development Activities) of the Enforcement Decree of the same Act, operation guidelines for permission for development activities 3-2-4 (Relation to Environs), and attached Table 4 (Non-Urban Landscape Management Standards) of the same Guidelines, green axiss are likely to occur due to development activities as a result of the deliberation by the Urban Planning Committee, such as cutting down of green axiss and changing drainage, and permission is limited to surrounding natural scenery and risk of damaging scenery if seen on 34 lines of national highways, etc.

On June 9, 2017, the Defendant rendered a disposition rejecting the instant application against the Plaintiffs for the following reasons (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The plaintiffs' assertion of this case is erroneous in abusing their discretionary power as follows.

1. The grounds for the instant disposition are ①.