2. The costs of lawsuit shall be borne by the Plaintiff.

A. On January 7, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the installation of solar power infrastructure (such as changing land form and quality, and installation of structures) on the 8,737 square meters of land (hereinafter “instant application site”) among B orchard 9,064 square meters of land (hereinafter “instant application site”) in Gyeyang-si.

B. On January 29, 2019, the Defendant rendered a disposition rejecting development activities to the Plaintiff on the following grounds:

(hereinafter “Disposition in this case”). [The grounds for recognition] C / [the grounds for recognition] without dispute, Gap 1-3, the entire purport of the pleading

2. Whether the disposition of this case is legitimate;

A. On the grounds delineated below, the instant disposition is unlawful by deviating from discretion.

1) The instant application does not include a landslide risk area provided by the Korea Forest Service. 2) The instant application is not a mountainous district, but the average slope level is below 25 degrees as stipulated in Article 20(2)2 of the Ordinance on Extraordinary City Planning at 22.1.

3) Even if the civil works planned by the Plaintiff were performed, there is almost little change in the form of the land so that natural disasters are unlikely to occur due to development activities. (B) Determination 1 is as indicated in the relevant legal doctrine, Article 56(1)1 and 2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). Article 56(1)1 and 2 of the National Land Planning and Utilization Act provides that the installation of structures and alteration of form and quality of land are subject to permission for development activities. Article 58 of the same Act provides that the head of a Si/Gun/Gu shall grant permission for development activities only when the application for permission for development activities satisfies the criteria for permission (Article 1)

(3) Article 58(1)4 and (3) of the National Land Planning and Utilization Act and Article 56(1) [Attachment Table 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act provide for the permission standard related to the relationship with the neighboring area in particular, Article 1(1)4 and (2) of the National Land Planning and Utilization Act.

According to this, permission for development activities is around.