개발행위허가신청 거부처분취소 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs filed an application for permission to engage in development activities with the Defendant on August 8, 2018, in order to install solar power facilities (hereinafter “instant power facilities”) and install access roads on the 26,178 square meters of Gangseo-gun C and seven parcels (hereinafter “the instant application site”).
(hereinafter “instant application”). (b)
On October 11, 2018, the Gun Planning Committee of the Crossing-gun passed a resolution as to the instant application as an “influence”.
C. The plaintiffs are above B.
Although the Defendant filed an objection to the result of the deliberation under this paragraph, the Defendant dismissed the above application on November 13, 2018.
On November 21, 2018, the Defendant rendered non-permission on the instant application, setting forth the following grounds:
(hereinafter “instant disposition”). Inasmuch as the result of deliberation by the Gun Planning Committee was rejected for the following reasons, non-permission should be granted.
The application for permission is likely to cause disaster damage because it contains a steep slope and a valley. - The location of a nearby residential congested area is located, and the environment and landscape of the surrounding area such as land utilization or land utilization plan, etc. - the site abutting on D, which is the site where the application for permission is filed, and the location of solar power infrastructure is improper as the site where the residential area is formed centered on the reservoir because the scenery is beautiful and is not environmentally polluted.
- Related Acts and subordinate statutes - Violation of Article 58 of the National Land Planning and Utilization Act (Standards, etc. for Permission for Development Acts) - Violation of attached Table 1-2 (Standards for Permission for Development Acts) of the Enforcement Decree of the National Land Planning and Utilization Act
E. On November 21, 2018, the Plaintiff filed an appeal seeking the revocation of the instant disposition with the Gangwon-do Administrative Appeals Commission, but the said commission dismissed on February 25, 2019.
【Unsatisfied facts, Gap evidence 1, 13, 20 evidence, Eul evidence 4 (including each number, if any; hereinafter the same shall apply), and