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(영문) 대구고등법원 2021.01.15 2020누2760
개발행위허가신청거부처분취소
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and the purport of the appeal shall be the first instance.

Reasons

1. The reasons why this Court cited the judgment of the first instance are written or added are as follows, and it is identical to the reasoning of the judgment of the first instance except for adding the determination of the plaintiffs' assertion emphasized or newly raised by this court, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Each permission date of the table 1 and 2 of the first instance judgment 2, 15-16 parallels 15-2, 2, 16 parallels 1 and 2 of the part used or added (1.b. part) shall be "No. 6, 2018."

Part 1 Trial 9-A 7-C.

5) Part is expected to be 【,” and the part of the instant land “as added” is to:

“B evidence No. 14” shall be added to the 12 conduct (based on recognition) in the first instance judgment.

3. Judgment on the plaintiffs' assertion

A. On August 27, 2018, the gist of the Plaintiffs’ assertion was as follows: ① C, P, Q 17,956 square meters (hereinafter “D”) in permanent residence on a permanent basis on August 27, 2018; ② On September 17, 2018, R and 3 lots and S 11,273 square meters (hereinafter “B”); ③ on July 13, 2018, T and 14,178 square meters (hereinafter “C”); ④ on November 6, 2018, the Defendant permitted development activities for the installation of solar power infrastructure.

However, in light of the following table: ① the instant application site and ① the land use area, ecological and natural map, degree of village/road, etc., (4) the land was granted the said permission despite the existence of an identical or bad index compared to the location of the instant application.

Land (2) The application for this case is classified as ① land (2) land (3) land-based planning management area, agricultural and forest conservation area, agricultural and forest area, conservation management area, production management area, ecological and natural map class 2, 83.48% class 2, 44.9% class 2, 5.1% class 3, 12.3% class 2, 87.7% class 2, class 3, class 2, class 3, class 3, class 3, class 3, class 3, class 3, class 3.

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