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. Details of the disposition;
A. On June 27, 2014, the Plaintiff obtained a license for the electric generation business for solar power generation business of 397.98kW on the ground of the facilities capacity from the Do governor of Jeonnam-gun, Jeonnam-gun and eight parcels.
B. On August 25, 2015, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power facilities (2,260.9m2) on the ground of 7,210m2 (hereinafter “instant application site”) among the 7,210m2 (hereinafter “instant application site”).
C. On September 30, 2015, the Defendant notified the Plaintiff of the rejection of the instant application due to the following reasons.
(hereinafter referred to as “instant disposition”). According to Article 5 of the Guidelines for Operation of Permission for Development Activities of the Maman-gun, power production facilities shall not be located within 500 meters from the main roads (national roads, local roads, and Gun roads) and shall not be located within 500 meters in a straight line from village areas for more than 10 units, but within 250 meters in the case of village areas under 10 units, and Article 9 of the Guidelines for Operation of Permission for Development Activities of the Maman-gun is subject to prior deliberation by the Gun Planning Committee for Article 5 of the Guidelines.
In accordance with the criteria for permission for development activities under Article 56 (1) of the Enforcement Decree of the National Land Planning and Utilization Act, farmland preservation and original preservation is necessary due to historical, cultural, and native values, and there is concern that structures may damage the surrounding natural scenery and aesthetic view, and that the height, form, and color of a structure is in harmony with the surrounding area, and the basic landscape plan (2013) of the YU (2013) is in harmony with the chemical net military (2013), and it has been rejected in violation of the results of deliberation by the YU (Development Division) Urban Planning Committee (Development Division) and the Guidelines for Operation of the YU and the Guidelines for Operation of the Y
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 to 3, and arguments.