개발행위불허가처분취소
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 January 3, 2017, the Plaintiff obtained a license for the electric generation business for solar power generation for solar power generation from the Governor of Jeollabuk-do with the facility capacity of 495kW with respect to Dosan-si B and C, the Plaintiff owned by the Plaintiff.
B. The Plaintiff filed an application with the Defendant for permission to engage in development activities for the creation of a site for solar power infrastructure and the installation of structures with respect to the 6,603.5 square meters (hereinafter “instant application site”) among 13,883 square meters (hereinafter “instant application site”), but on November 6, 2017, the Defendant rendered a disposition of nonpermission on the following grounds.
(1) Article 33(1)4 of the Enforcement Decree of the Farmland Act (hereinafter “instant disposition”) provides for matters necessary for ownership, use, conservation, etc. of farmland to efficiently use and manage farmland, thereby contributing to strengthening the agricultural competitiveness, enhancing the balanced development of the national economy and preserving the national land environment based on the stabilization of farmers’ management, improving agricultural productivity, and improving agricultural productivity (Article 1(1)3 of the Farmland Act). Since farmland is the foundation for supplying food to citizens and preserving the national land environment, and is a limited valuable resource affecting the harmonious development of agriculture and the national economy, it must be carefully preserved and properly managed for public welfare. The exercise of the right to farmland shall be subject to necessary restrictions and obligations, and farmland shall be owned and used in a way that enhances agricultural productivity and shall not be subject to speculation. In accordance with the basic principle of farmland (Article 3 of the Farmland Act) that if farmland is diverted for the foregoing reason, there is no concern that there is concern that farmland in neighboring areas may bring about 1 to a dispute over agricultural management surrounding areas due to the grouping of farmland for exclusive use due to the foregoing reasons.
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion.