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 September 2018, the Plaintiff filed an application for permission for development activities (hereinafter “instant application”) with the Defendant to conduct a project to create solar power facilities (hereinafter “instant project”) on a 29,109 square meters of the 73,450 square meters of Gangwon-gun and C farm site (hereinafter “instant application site”).

B. On September 20, 2018, the Defendant issued a disposition rejecting the instant application on the grounds that the instant application site located within 500 meters from D and that the instant application contravenes the standard for separation distance under Article 20(3)1 of the Gun Planning Ordinance of Seongdong-gun (hereinafter “instant disposition”). Article 20 (Standards for Permission for Development Acts) of the Gun Planning Ordinance of Gosung-gun (Standards for Permission for Development Acts) ③ Article 56(1)1-2 of the Decree shall meet the following requirements:

1. The location is not to be located within 500 meters in straight line from a road (including a national expressway, general national highway, local highway, Gun road (including a road under the Road Act) or a road determined and publicly notified pursuant to the Act on the Maintenance and Improvement of Road Systems in Agricultural and Fishing Villages) (which shall be based on recognition), the entries in subparagraphs 1 and 3 (including a provisional number; hereinafter the same shall apply), and 1, and the purport of the whole pleadings;

2. The Plaintiff’s assertion of this case must be revoked on the following grounds that there is any defect that has no effect or has abused or abused discretionary power.

The Defendant rejected the instant application based on Article 20(3)1 (hereinafter “instant provision”) of the Gun Planning Ordinance, which provides for the separation distance restriction, and the instant provision is null and void as it was enacted without statutory delegation or it deviates from the limitation of delegation.

B. Although the Defendant determines whether to permit development activities in the surrounding area of the instant site taking into account the land utilization status, the development project status of surrounding area, planning, natural ecosystem environment, living environment status, etc., it shall be considered.