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(영문) 대전지방법원 2018.11.07 2018구합102699
개발행위불허가처분취소
Text

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. On February 6, 2018, the Plaintiff filed an application for permission to engage in development activities for the construction of solar power infrastructure (hereinafter “instant application”) with respect to C Forest 27,452 square meters (hereinafter “instant site”) owned by Seosan-si, Seosan-si.

B. On February 9, 2018, the Defendant requested the Plaintiff to submit supplementary documents to the effect that “In order to comply with the provisions of Article 25 (Limitations on Construction within Special-Purpose Areas) subparag. 17 of the Seosan City Urban Planning Ordinance (hereinafter referred to as the “Ordinance”), the Defendant adjusted the project site, excluding the preservation management area, at the site for the installation of power production facilities.” On February 26, 2018, the Defendant re-requested the Plaintiff for supplementary documents to the same effect as above.

C. On March 15, 2018, the Plaintiff did not comply with the foregoing request for supplementation, and the Defendant rejected the Plaintiff’s application of this case to the effect that “the Plaintiff’s application for permission for development activities is returned due to the failure to submit supplementary documents.”

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion could have installed power generation facilities in the conservation management area before the enforcement of the instant Municipal Ordinance, and Article 25 of the instant Municipal Ordinance excluded power generation facilities from the scope of delegation under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and the Enforcement Decree thereof, which violates the National Land Planning and Utilization Act and the National Land Planning Act, and violates the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, and is null and void.

Therefore, the disposition of this case taken on the ground that supplementary documents based on Article 25 of the Ordinance of this case are not submitted should be revoked in an unlawful manner.

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

(c) 1 dint of judgment, and the National Land Planning and Utilization Act shall be the utilization, development and preservation of national land.

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