개발행위불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On November 22, 2016, the Plaintiff obtained a license for solar power generation projects from the Cheongnam-do Governor.
On February 13, 2017, the Plaintiff filed an application for permission for development activities with the Defendant for installation of solar power infrastructure by changing the form and quality of land to the land on the land size of 25,118 square meters (hereinafter “instant application site”).
(hereinafter “instant application”). On July 11, 2017, the Military Urban Planning Committee deliberated on the instant application at the Defendant’s request and rejected it.
On July 19, 2017, the Defendant rendered a disposition of denying the instant application pursuant to Article 59 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56 of the Enforcement Decree of the same Act on the following grounds:
(2) Article 59 of the National Land Planning and Utilization Act, Article 57 of the Enforcement Decree of the same Act, and Article 58 of the National Land Planning and Utilization Act, Article 56 [Attachment Table 1-2] of the Enforcement Decree of the same Act, are inappropriate to be related to the surrounding areas of the National Land Planning and Utilization Act, and Article 56 [Attachment Table 1-2] of the Enforcement Decree of the same Act, so it is necessary to consider the resistance of the residents who make efforts to grow up to the village themselves as an area where there are many outside people and make efforts to grow up to the village. 2) The solar power infrastructure act as a restrictive condition that obstructs historical and cultural characteristics and needs to respect the residents' opinions of the village or village with the characteristics of each village having development plan through traditional resources. 4) The criteria for the application of the Ordinance are necessary to ensure the application of the Act, such as road sides, residential smuggling, etc., and to promote the preservation of the historical and cultural environment and the value of village communities in its original direction.