logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2019.11.21 2019구합6401
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff refers to a horizontal plane area 1,804.5 square meters in total, which is a sum of 1,804 square meters in horizontal projection area on the roof of Chungcheong City B and C (hereinafter “the instant application site”), and a total of 288 square meters in horizontal projection area on the roof of a crop cultivation company, 7 Dong-dong D288 square meters in 288 square meters in Dong-dong, 288 square meters in Fdong, G28 square meters in 288 square meters in G Dong, H Dong 288 square meters in Hdong, 207 square meters in 157.5 square meters in Jdong-dong (hereinafter “instant cultivation company”).

For the installation of solar power facilities (hereinafter “instant power generation facilities”) with a total of 1,922 square meters of solar power production facilities (hereinafter “instant project”), a license for the electric generation business was granted by the Cheongbuk-do Governor on January 9, 2019.

The aforementioned improper matters are the cases for which permission for development activities was applied for the purpose of installing buildings (a mushroom plants) and structures (a solar power plant) above, and the project site is located on the roadsides of the Myeon area and is highly likely to impair surrounding areas' cultivation land and village landscape. As such, Article 3 (Basic Principles for Utilizing and Managing National Land) Subparagraph 4 of the National Land Planning and Utilization Act (Basic Principles for Utilizing and Managing National Land) and Article 21-2 (3) of the Ordinance on the Urban Planning in Chungcheong City (it does not interfere with view and landscape even if it is intended to install on the building), Article 21-2 (3) of the Ordinance on the Utilization of Urban Planning in Chungcheongnam-si (Article 1129 of the Ministry of Land, Infrastructure and Transport Directive) of the Guidelines for the Operation of Permission for Development Activities (Article 1129 of the Ministry of Land, Infrastructure and Transport) [Attachment 4] of the Guidelines for the Operation of Permission for Development Activities in rural areas, etc.

On March 4, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the instant project (hereinafter “instant application”) regarding the instant application site, and the Defendant rendered a disposition denying the instant application on April 15, 2019 for the following reasons (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, A No. 1.

arrow