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(영문) 광주지방법원 2019.12.12 2019구합11972
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The area for which an application for installation of a structure with respect to the land located in the Plaintiff, including the details of the disposition, is filed, and the area for which an application is filed for installation of a structure with respect to the land located in the Plaintiff is located, and the size of facilities and capacity (kw) shall be as follows: C 1,284 1,284 1,276 9.9.16 C 1,284 1,284 1,276 1,349 d 1,349 1,349 16 C, 2,936 2,936 2,929.36, 198.36, Franan-gun, non-Gun G1,439 G1,439 1,432 9.16 15,399, 3631, 190

A. On June 15, 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities including installation of structures and alteration of form and quality of land for the installation of solar power infrastructure, as follows, with respect to the land outside the Seoul-Gun G and one (hereinafter “instant application site”).

The improper location of solar power infrastructure - The need to maintain the current condition to protect forest resources and prevent landscape damage to the degree of scenic impact due to the location adjacent to H access roads - although the installation of solar power infrastructure is recommended as a new and renewable energy source, it is inappropriate to develop new and renewable energy infrastructure up to the point of damaging good forests.

B. On February 19, 2019, the Defendant rejected all of the above applications against the Plaintiffs on the following grounds (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 6, 8 through 10 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiffs alleged that the instant disposition was a deviation or abuse of discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. (1) Determination is based on the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Article 56 stipulates the subject of permission for development activities and Article 58 stipulates the criteria for permission for development activities in paragraph 1 and delegates the establishment of specific standards to Presidential Decree in paragraph 3.

Such permission for development activities is prohibited

Since there are many parts of the criteria for permission, etc. as the indefinite concept, administrative agencies are given discretion to determine whether they meet the requirements and standards.

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