개발행위불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 18, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities with the content of changing the form and quality of land for the installation of solar power infrastructure on the 9,247 square meters of Gangwon-gun B and three parcels (hereinafter “instant application site”).
B. On July 18, 2018, the agenda on the Plaintiff’s application was rejected as a result of the deliberation by the Seocheon-gun Urban Planning Committee, and the Defendant rejected the Plaintiff’s application on July 30, 2018 due to the following reasons:
(hereinafter referred to as “instant disposition”) - In the event of a disaster (e.g., landslide and soil and sand outflow) due to the development of mountainous district adjacent to the roadside, concerns over damage to infrastructure and adjacent areas (hereinafter “reasons for Disposition 1”) - Construction and relay of a complex of detached houses located on the site of an application for permission (hereinafter “reasons for Disposition 2”) - A steep slope which includes a landslide 1 and 2 and average slope 21.26 degrees, and 20 degrees and above 68% of the area is likely to cause a disaster, such as a landslide, etc. (hereinafter “Grounds for Disposition 3”), the ground for Disposition - A project to cut the side of a steep slope (hereinafter “Ground for Disposition 4”) on the surface of the end of the construction plan, which is an improper plan for the development of a slope site, on the surface of the end, on the surface of which the landscape plan is planned to cover the site of trees on the surface of the road or to maintain the natural landscape (hereinafter “gradation and solar 4.”
C. The Plaintiff filed an administrative appeal against the instant disposition on October 27, 2018. However, the Gangwon-do Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 21, 2019. The Plaintiff was served with the authentic copy of the written ruling on February 20, 2019.
【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 12, Eul evidence 1 and 7, the purport of the whole pleadings
2. The plaintiff's assertion
A. The plaintiff is the defendant.