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(영문) 전주지방법원 2019.05.01 2018구합2381

개발행위(토지형질변경)허가 신청서 반려처분취소

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1. On August 31, 2018, the Defendant’s rejection of an application for permission for development activities (change of land form and quality) against the Plaintiffs is revoked.

Reasons

1. Details of the disposition;

A. On December 19, 2017, the Plaintiffs obtained permission for the electric generation business for solar power generation for solar power generation using the facility capacity 99.72kW with respect to the area of the instant application (hereinafter “instant application site”) from the Defendant, Nam-si, Namwon-si.

B. On March 6, 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities (such as structures and form and quality of land) to create sites for solar power infrastructure and access roads (hereinafter “instant application”).

C. On July 20, 2018, the Defendant set the date of supplementation to the Plaintiffs on August 10, 2018, and demanded the Plaintiffs to supplement the following matters. On August 17, 2018, the Defendant set the date of supplementation to the Plaintiffs on August 30, 2018 and requested the same supplementation.

(2) In light of the above legal principles, the court below’s determination that the Plaintiff’s appeal against the Plaintiff’s appeal against the Plaintiff’s appeal against the Plaintiff’s appeal against the Plaintiff’s appeal against the Plaintiff’s appeal against the Plaintiff is justifiable and justifiable. In so doing, the lower court did not err by misapprehending the legal principles as to the Plaintiff’s appeal against the Plaintiff’s appeal against the Plaintiff, thereby adversely affecting the conclusion of the judgment, contrary to what is alleged in the ground of appeal.

On August 31, 2018, the Defendant returned the instant application to the Plaintiffs for the following reasons:

(hereinafter “instant disposition”). With respect to an application for permission for development activities (construction and change of form and quality), an application for permission is required to supplement the Urban and 15734 ( July 19, 2018) by August 30, 2018 (see, e.g., procedures and methods for supplementing civil petition documents) and Article 24 of the Enforcement Decree of the Civil Petitions Treatment Act (see, e.g., Supreme Court Decision 2006Da828, Aug. 17, 2018).

[Ground of Recognition] Facts without dispute, and described in Gap evidence 1 through 4 (including each number in the case with a serial number).