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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 disposition;
A. The Plaintiff, C Co., Ltd., D Co., Ltd., and E Co., Ltd. (hereinafter “Co.”), are companies established for the purpose of solar power plant installation business.
B. On October 5, 2016, the Plaintiff obtained a license for the electric generation business from the Gyeongnam Do Governor to the Gyeongnam F, G, and H (hereinafter “instant business site”); and the period of preparation for the electric generation business from October 5, 2016 to October 4, 2019.
C. On November 28, 2016, the Plaintiff filed an application with the Defendant for permission to engage in development activities and an application for permission to divert farmland deemed granted pursuant to a building report to construct solar power generation facilities on the ground of the instant project site pursuant to Article 14(1) of the Building Act (hereinafter “the first building report”), and the building report. (2) The Defendant demanded the Plaintiff to submit incomplete documents, such as business-related books, geological survey documents, project-related planning documents, etc., and to prepare and submit a small-scale environmental impact assessment report; however, the Plaintiff failed to comply with the Plaintiff’s request to supplement the small-scale environmental impact assessment report.
3) Around that time, C, D, and E filed a building report with the Defendant, but all of them were returned for the same reason. D) On April 28, 2017, the Plaintiff again filed a building report to construct solar power generation facilities on the ground of the instant project site (hereinafter “instant building report”) with the Defendant again filed an application for permission for development and application for permission for diversion of farmland.
2) With respect to the instant building report, the Defendant requested the Plaintiff to supplement the details omitted in the written consent of superficies, the submission of relevant documents for small-scale environmental impact assessment and prior consultation on the examination of factors influencing disasters, and the submission of materials related to deliberation under Article 57(6) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). 3) On November 7, 2017, the Defendant filed the instant building report and the instant building report and C, D, and the instant building report.