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(영문) 대구고등법원 2019.07.26 2019누2184

개발행위허가불가통보처분취소

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1. Revocation of the first instance judgment.

2. The plaintiffs' claims are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

Reasons

Details of the disposition

The Plaintiffs, on February 16, 2017, obtained permission from the Defendant to install and operate solar power generation facilities on the ground of C orchard 9,730 square meters and D orchard 6,896 square meters (hereinafter “instant application site”) in Ansan-si, Dong-si (hereinafter “instant application site”), with a power generation capacity of 994.95km and installed area of 14,907 square meters (hereinafter “instant business”).

The Plaintiffs completed the registration of transfer of ownership on November 27, 2016, with respect to each one-half portion of the instant application site on February 23, 2017.

In June, 2017, the Plaintiffs filed an application for permission for development activities and the Defendant’s non-permission disposition Plaintiffs filed an application with the Defendant for permission to engage in the instant business on the ground of the instant application form and quality changes in the instant application form and install structures.

(hereinafter “instant application”). On June 29, 2017, the Defendant rendered a disposition rejecting the instant application on the grounds that Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) against the Plaintiffs on the following grounds:

(2) Article 58(1)4 of the National Land Planning and Utilization Act provides that the application of this case shall be made in harmony with the actual use condition of the surrounding area, land use plan, water drainage, etc. under the provisions of Article 58(1)4 of the National Land Planning and Utilization Act. The application of this case is not in conformity with the standards for permission for development activities, and is not appropriate for development activities, and it shall be made in line with the surrounding environment or landscape. Thus, since the application of this case is an area for which development activities are inappropriate as a result of a comprehensive examination, such as the opposition of the local residents, the application of this case

(Standard for Recognition) fact that there is no dispute over the operation guidelines for permission for development acts 2-1-3, 3-3-3. [Attachment], each entry in Gap evidence 1 through 4, and 11 (including virtual numbers, hereinafter the same shall apply], and oral pleadings.