개발행위허가신청 불허가처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On November 17, 2017, the Plaintiff filed an application with the Defendant for electric power generation business license with the content of “D’s solar power generation business (facilities capacity 96.48kW, supply voltage 380 V, frequency 60 Hz, and the above solar power generation facilities (hereinafter “the foregoing solar power generation facilities”) with the trade name “D,” and the Defendant granted permission on December 13, 2017.
B. Article 34 subparag. 17 [Attachment 1] subparag. 25 (k) of the Enforcement Decree of the Building Act (amended by Ordinance No. 1328, Dec. 26, 2017) is a building that can be constructed within a conservation management area under Article 34 subparag. 17 [Attachment 1] of the former Ordinance on the Urban Planning of Taean-Gun (amended by Ordinance No. 1328, Dec. 26, 2017); however, a resolution was passed to delete the same on Oct. 13, 2017 after pre-announcement of legislation on Oct. 13, 2017; and was promulgated on December 26, 2017 and implemented on the same day.
(hereinafter referred to as the “former Ordinance on the Urban Planning of Thai-gun, which was amended by Ordinance No. 1328 on December 26, 2017,” and was amended by Ordinance No. 1367 on October 31, 2018, the former Ordinance on the Urban Planning of Thai-gun, which was amended by Ordinance No. 1367,c
The total area of Taean-gun is 946,587,579 square meters. Among them, the area of land is 516,250,044 square meters equivalent to 54.54%, among the land areas, 3.57% of the urban area, 24.58% of the control area, 21.99% of the agricultural and forest area, 4.40% of the natural environment conservation area, and 7.52% of the control area.
On January 19, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install the instant power generation facilities on the 1,729 square meters of 3,597 square meters and C previous 1,887 square meters of 1,729 square meters (hereinafter “the instant application site”) among the 3,597 square meters and C prior to the conservation management area,
(hereinafter “instant application”) . E.
The Defendant filed the instant application against the Plaintiff on January 26, 2018 on the ground that “it is impossible to install solar power facilities in the conservation management area pursuant to Article 71(1)17 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning Act”) and Article 34 subparag. 17 of the instant Ordinance.