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(영문) 광주지방법원 2018.06.28 2017구합13257

개발행위허가처분취소

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1. The Defendant’s disposition of permission for development activities against G Co., Ltd. on May 30, 2017, regarding Filsu-si on May 30, 2017

Reasons

1. Details of the disposition;

A. On February 23, 2017, G Co., Ltd. (hereinafter “G”) obtained a solar power generation project permit from the Defendant to H, I, or J in the female-si period of H, I, or J under the Electric Utility Act.

B. On April 4, 2017, G filed an application with the Defendant for development activities (such as changing the form and quality of land; hereinafter the same shall apply) with respect to the land of 4,845 square meters (hereinafter “power plant site”) out of F 7,690 square meters in leisure-si, and on May 30, 2017, G filed an application with the Defendant for permission for development activities (hereinafter “instant disposition”) with respect to K on May 30, 2017 after consultation with the relevant departments and deliberation by the Urban Planning and Development Subcommittee.

C. Meanwhile, the Plaintiffs are residing in approximately approximately 240 meters for Plaintiff A, approximately 1,040 meters, approximately 1,040 meters for Plaintiff B, approximately 380 meters for Plaintiff C, approximately 430 meters for Plaintiff D, and approximately 290 meters for Plaintiff E.

A resident in a remote place is located.

K now completed the disposal of wood and standing waste to secure the site of a power plant in accordance with the instant disposition, and conducted earth and sand work for the installation of a power plant at least 80-90%.

[Ground of recognition] Facts without dispute or significant facts in this court, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 8 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The instant disposition by the Plaintiffs is unlawful for the following reasons.

The instant disposition violated the National Land Planning and Utilization Act (amended by Act No. 14480, Dec. 27, 2016; hereinafter “National Land Planning Act”).

B. The instant disposition violated the National Land Planning Act and the Landscape Act.

3. Attached Form of the relevant Acts and subordinate statutes;

4. Determination

A. The plaintiffs of the first defendant's main defense against the plaintiff's standing to sue have an abstract and indirect interest in the disposition of this case.