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(영문) 대전지방법원 2016.02.04 2015구합104199

건축허가취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff running a new and renewable energy generation business, such as solar energy, wind power, and assistance, filed an application for a building permit (hereinafter referred to as “instant building permit”) with the Defendant on the ground of the facility capacity of 700 km and the total floor area of 8,78.9 square meters on the instant land (hereinafter referred to as “instant electric power plant”) on the ground of Cheongnam-do, Chungcheongnam-do, Chungcheongnam-do (hereinafter referred to as “instant land”). On January 20, 2015, the Plaintiff filed an application with the Defendant for a building permit (hereinafter referred to as “instant building permit”).

(hereinafter “instant application”). (b)

On May 27, 2015, the Defendant rendered a disposition rejecting the instant application on the ground that the deliberation by the Urban Planning Committee (hereinafter referred to as the “Committee”) was rejected for the following reasons:

(hereinafter referred to as “instant disposition”) - The construction of structures that are not harmonious with surrounding landscape is problematic, such as natural landscape destruction, etc. - In reviewing geographical conditions, residents have the right to pursue the right to live in a pleasant living and happiness, and the exercise of land’s property right by landowners has the right to seek development activities in comparison with the exercise of public welfare, and is in harmony with the surrounding environment or surrounding environment pursuant to Article 58(1)4 of the National Land Planning and Utilization Act, when considering the actual state of land use in the surrounding areas, which are located in the Do-1, Do-1, Do-1, located in the Do-1, which is located in the Do-1, 100 meters away from the Do-1, the Do-1,000-do 1,000-do 1,000-do 1,000-do 1,000.

Accordingly, the Plaintiff.