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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. In order to install solar power facilities (hereinafter referred to as “instant facilities”) on the 5,047 square meters of 7,263 square meters (hereinafter referred to as “the instant application site”), the Plaintiff filed an application with the Defendant on December 20, 2017 for permission for the electrical business regarding the said application, and obtained a license from the Defendant on January 11, 2018.
B. On June 14, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities on the instant application form.
(hereinafter referred to as “instant application”). C.
The Chuncheon City Urban Planning Committee rejected the instant application on July 27, 2018, on the ground that “the instant application is judged to be an area with extremely excellent aquatic landscape and directly exposed to the national highways C, rural roads, and village residents, and it is believed that scenic harm will be anticipated in the future.”
On August 1, 2018, the Defendant rendered a non-permission disposition on the instant application for the following reasons.
(hereinafter “instant disposition”). Grounds for non-permission
(a)the place where the application is filed is a control area under the National Land Planning and Utilization Act and Chuncheon City/Gun management planning; a control control area is expected to be integrated into an urban area; or an area which requires planned and systematic management in view of the natural environment and natural environment;
(b) Subparagraph 1 (d) of attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act provides that the buildings, etc. to be constructed or installed due to development activities shall be harmonized with the neighboring buildings without damaging the surrounding natural scenery and fine view, and the reservation purpose (the feasibility of the site, the appropriateness of infrastructure, the appropriateness of the development, the impact of the environment on the development, the conservation of scenery, the creation of landscapes
(c)The results of the review of the development permit, and the location of this location, are very likely to have a aquatic landscape.