2. The costs of lawsuit are assessed against the plaintiffs.

A. On October 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities with the content of changing the form and quality of the instant application site for the purpose of creating a site for solar power generation business and access road in the aggregate of 4,573 square meters among 5,851 square meters of Gangwon-gun D Forest in Hongcheon-gun (hereinafter “instant application site”).

B. On December 10, 2018 and February 1, 2018, the Defendant demanded the Plaintiffs to submit the written consent from the residents within the separation distance, ② the result of the repair calculation, and the result of the settlement plan (final discharge).

C. The Plaintiffs did not supplement the Plaintiffs by the due date, and the Defendant rejected the Plaintiffs’ application on February 20, 2019 on the ground that “the Plaintiffs failed to comply with the demands for supplementation (first and second)” was “unfulfillment of the demands for supplementation.”

(hereinafter “Disposition in this case”). 【No dispute over the grounds for recognition】 【No dispute over Gap’s 1, 3, 4, and 6 (including each number), Eul’s 2, and the purport of the whole pleadings

2. The assertion;

A. Plaintiff 1) The instant disposition is in violation of Article 23(1) of the Administrative Procedures Act, since it did not completely mention the laws and regulations that are the direct basis of the non-permission disposition. 2) The Defendant requested the consent of the residents E of the housing owner on the ground that E’s housing is adjacent to approximately 100 meters in a straight line between the instant application and the instant application.

However, the National Land Planning and Utilization Act (hereinafter "National Land Planning Act") and the Mountainous Districts Management Act do not provide for the consent of residents.

Even in accordance with Article 9 (1) 3 of the Guidelines for the Operation of Permission for Development Activities of Hongcheon-gun, which is the established rules of Hongcheon-gun (hereinafter “instant Guidelines”), it is doubtful whether the prior documents can be deemed to be required in determining whether to grant permission of this case. The instant guidelines provide for the restriction on separation distance for permission of development activities in the instant guidelines are unlawful as it goes beyond the scope of delegation by the upper law.

Civil petition treatment.