개발행위불허가처분취소 청구의 소
1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
1. Basic facts
A. (1) On December 20, 2013, the former Do governor granted the permission for the electricity generation business to the Plaintiffs and the permission for construction (1) on the condition that the authorization and permission under the individual law should be granted to the Plaintiff A, the place where the Plaintiff was installed is the former Ham-gun C, and as to the Plaintiff B, the latter Do governor granted the permission for solar power generation business with D.
(2) On September 16, 2014, the Defendant permitted development activities to create a warehouse site with respect to the instant application site and the instant land of Pyeongtaek-gun with respect to the Plaintiffs on September 16, 2014, and three warehouses with a size of 247 square meters on the ground of each of the above land.
(hereinafter “instant building permit”). (b)
(1) Plaintiff A applied for permission for development activities and applied for permission for development activities for installation of solar power infrastructure to the Defendant on December 9, 2014, with respect to the above land C, Plaintiff B applied for permission for development activities for installation of solar power infrastructure.
(2) On December 16, 2014, the Defendant rejected each of the above applications against the Plaintiffs on the following grounds.
(hereinafter “each of the instant dispositions”) conflict with subparagraph 1 and 2 of Article 7 of the Guidelines for Operation of Permission for Development Activities of Pyeongtaek-gun (hereinafter “instant Guidelines”) enacted on January 13, 2014 and partially amended on March 14, 2014 (hereinafter “instant Guidelines”), Article 7 Subparag. 1 of the Guidelines for Permission for Development Activities of Pyeongtaek-gun (not located within 1,000 meters from the main roads; hereinafter “reasons for Disposition 1”), and Article 7 Subparag. 2 (not located within 500 meters from the boundary of residential densely-populated areas, tourist destinations, and public facilities; hereinafter “reasons for Disposition 2”);
2. Article 56 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”), [Attachment Table 1-2] of the National Land Planning and Utilization Act, as it is likely to damage the surrounding natural scenery and aesthetic view if solar energy facilities are installed in an area where farmland that has not been developed is the main district.