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(영문) 수원지방법원 2020.11.19 2019구합73988

개발행위허가신청반려처분취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On April 28, 2017, the Plaintiff received from the Defendant an electric generation business license under the Electric Utility Act (a place of business: Innju City B, C land, and original power: solar energy).

B. On July 5, 2018, the Plaintiff, if it is necessary to specify the land located in the Republic of Korea, B, and six parcels of land located in the Republic of Korea (hereinafter “D0”) from the Defendant on July 5, 2018, the Plaintiff refers to “D0 land” according to its parcel number.

Among 26,753 square meters (hereinafter “instant application site”) filed an application for development activities for the purpose of building a site for solar power infrastructure.

(hereinafter referred to as the “instant application”). D. D. 647,826 21,996 J.J. E, J. 1,428 C, 843, 625, G. 625, G. 264, H, 992, G. 605 K, 605, J. 605, J. 1,428, J. E, J. 843, 843, G, 625, G, 264, G, 9292, G, 992, G.

C. On the same day, the Plaintiff filed a request with the Defendant for permission to convert mountainous districts for the purpose of creating a site for solar power infrastructure with respect to the 21,99 square meters of land B (5,91 square meters of land is applicable to mountainous districts for forestry use among preserved mountainous districts under the Mountainous Districts Management Act, and the remainder of 16,085 square meters of land is limited to quasi

In this regard, the Urban Planning Committee has deliberated on the instant application and passed a resolution on the conditional expropriation on the condition that the flaps be transplanted to the lower part of the flaps.

E. On January 11, 2019, the Defendant demanded the Plaintiff to supplement the following matters. Accordingly, the Plaintiff submitted supplementary documents to the Defendant around February 2019.

L

F. On February 18, 2019, the Defendant demanded the Plaintiff to supplement the following matters. Accordingly, the Plaintiff submitted supplementary documents to the Defendant around February 2019.

G. On March 12, 2019, the Defendant demanded the Plaintiff to supplement the following matters. Accordingly, the Plaintiff submitted supplementary documents to the Defendant around March 2019.

H Review results of urban planning and small-scale environmental impact assessment results, as a result of review of supplementary documents on the shielding plan, 754 square meters wide;