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(영문) 대전고등법원(청주) 2020.10.28 2019누2306
개발행위허가신청 불허가처분 취소청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted to the court of first instance is added to the evidence

Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the judgment as to the assertion added by this court or by the plaintiff, and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is cited including summary language pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

9-3 to 7 parallels "(3)" shall be written in the following manner:

Article 18-2(3) [Attachment 3-2] [Attachment 3-2] subparag. 2(a) of the former Enforcement Decree of the Mountainous Districts Management Act (wholly amended by Presidential Decree No. 29329, Dec. 4, 2018) provides that “Where a person intends to temporarily use a mountainous district for solar power generation facilities, the average slope level of the relevant mountainous district shall be 25 degrees.” Accordingly, the instant application does not contravene the standard prescribed in the former Enforcement Decree of the Mountainous Districts Management Act. However, Article 18-2(3) [Attachment 3-2] of the Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 29329, Dec. 4, 2018) provides that “In the case of temporary use of a mountainous district for solar power generation facilities, the average slope level of the relevant mountainous district shall be 15 degrees” to be applied to the instant application at the time of the instant disposition. It is clear that there is no need to determine whether it is an abuse of regulatory power from a mountainous district (see 20.

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