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(영문) 광주고등법원 2019.11.14 2019누11483
개발행위불허가처분취소 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Details of the disposition;

A. On April 2018, the Plaintiffs filed an application for permission to engage in development activities to create a building site for power facilities with respect to each of the following areas among the area of F forest land 27,683 square meters (hereinafter “instant application site”).

Plaintiff B, Plaintiff B, 1,795㎡ 2, Plaintiff C, 4,150㎡ 4,000,000,000, in the case of Plaintiff A, a new Cheong-dong, in the case of Plaintiff B, 1,000,000,000,000,000 KRW 18,000 square meters, for Plaintiff E, 5,595㎡ 4,595 square meters, and 18,053 square meters.

B. On June 7, 2018, after deliberation by the Urban Planning and Development Subcommittee, the Defendant notified the Plaintiffs of the refusal of development activities (hereinafter “instant disposition”) for the following reasons.

1) Rejection of the result of deliberation by the Urban Planning and Development Subcommittee (1) 1) 3) 4) 4) 4) 4) 4) 4 (3) 4) 4 (3) 4) 4 (4) 1) 1 (3) 1 (2) 1 (2) 1 (2) 1 (2) 1 (2) 1) 1 (2) 12 and 14 (2) 14 (2) 1 (2) 2) 2 (3) 3 (3) 2) 2.

2. Whether the disposition is lawful;

A. The plaintiffs' assertion 1) The "feasible damage to neighboring areas due to landslides or other disasters" did not have been notified of the grounds for the instant disposition, and even if solar power facilities are installed in the instant application site, the possibility of a landslide or other disasters cannot be recognized as the grounds for the instant disposition. 2) The instant disposition deviates from and abused discretion.

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

C. 1) First, we examine the first argument of the plaintiffs. (A) When an administrative agency rendered non-permission of the application for permission of development activities, the administrative agency’s written disposition is legally defined as an indefinite concept.

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