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(영문) 대구지방법원 2020.01.23 2019구합240
개발행위허가신청반려처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. On June 19, 2017, the Plaintiff obtained permission for solar power generation business from the Defendant to operate solar power generation business (hereinafter “instant solar power generation business”) with the trade name of “Dlar power plant” in the aggregate of 24,059 square meters of land size of five parcels, including Kimcheon-si, Kimcheon-si and five lots of land (hereinafter “instant application site”).

B. On November 14, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power generation facilities in the instant application form.

(hereinafter referred to as “instant application”). The result of deliberation by the Urban Planning subcommittee: The instant application for deliberation that was rejected is located within 300 meters from the main roads [Wang-do roads with the central line] to which the instant application is filed, so permission for development activities is not granted pursuant to Article 4(1)1 of the Guidelines for Operation of Permission for Development Activities in Kimcheon-si (No. 4 of the Rules of Kimcheon-si, 2017).

C. On March 15, 2018, the Defendant requested consultation with the relevant agencies and departments in relation to the instant application, held a subcommittee for urban planning of Kimcheon-si (hereinafter “Committee”) on March 15, 2018, and notified the Plaintiff on March 21, 2018 that the instant application should be returned for the following reasons:

(hereinafter referred to as “previous Disposition”). D.

On October 26, 2018, the Plaintiff filed an administrative litigation against the Defendant seeking revocation of the previous disposition (Seoul District Court 2018Guhap22359, hereinafter “relevant administrative litigation”), and the court of first instance rendered a judgment revoking the previous disposition upon accepting the Plaintiff’s claim on October 26, 2018.

Accordingly, the defendant filed an appeal against the judgment of the first instance court on November 9, 2018.

The National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”) shall apply to the Daegu High Court (2018Nu4886)

Article 58, Article 56 of the Enforcement Decree of the same Act, and Article 56 of the related infrastructure (not securing access roads to the project site - concerns over accidents at the time of entry into the project site from the E line, and there is strong time to enter the project site -

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