개발행위허가신청반려처분취소
1. The Defendant’s disposition of rejecting an application for permission for development activities rendered to the Plaintiff on February 22, 2019 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On December 18, 2018, the Plaintiff filed an application for permission to engage in development activities with a view to changing the form and quality of land for solar power facilities with respect to 1,00 square meters among 1,656 square meters (hereinafter “instant application site”).
B. On December 31, 2018, the Defendant demanded the Plaintiff to supplement to the Plaintiff by January 21, 2019, “the submission of written consent from the authorization meeting the requirements of Article 9(1)3 of the Guidelines for Operation of Permission for Development Activities of Hongcheon-gun (hereinafter “instant Guidelines”) or from the authorization that satisfies the requirements of Article 9(1)3 of the Guidelines.”
The Plaintiff failed to comply with this part of the supplement, and the Defendant demanded to supplement the same matters on January 28, 2019 by February 13, 2019.
C. Within 100 meters from the place of the instant application, C is a house in which C resides.
The plaintiff did not obtain consent from C to permission for development activities.
C. The Plaintiff failed to perform the supplement within the deadline, and the Defendant rejected the Plaintiff’s application for permission for development activities on February 22, 2019 on the grounds of “the completion of supplement”
(hereinafter “instant disposition”) D.
On May 8, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Gangwon-do Administrative Appeals Commission dismissed the Plaintiff’s claim on July 29, 2019.
【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 4, Eul evidence 2 (including provisional number), the purport of the whole pleadings
2. The assertion;
A. The Plaintiff’s “compliance with the distance” required by the Defendant is not possible, and the Plaintiff made efforts to obtain the consent of C with respect to permission for development activities, but failed to obtain the consent.
The area of the instant site may not exceed 1,000 square meters, and the standard of separation distance may not be applied pursuant to Article 9(2) of the Guidelines.
C Within a radius of 100 meters from the center of housing in C, the application of the plaintiff is made.