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(영문) 광주고등법원(전주) 2020.06.17 2019누2362
개발행위불허가처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence duly adopted and examined in the court of first instance and the evidence additionally adopted and examined by this court are justified in finding facts in the court of first instance and determining

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added an additional decision as to the assertion added or emphasized by this court, as stated in Paragraph (2). Thus, it is citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420

2. Additional determination

A. Defendant’s assertion 1) Operational Guidelines for Permission for Development Activities of Non-State Armed Forces (hereinafter “instant Guidelines”).

(1) Article 5(1) of the same Act provides that “The right to landscape view from roads and the right to view from authorization is important.” However, the application of this case is easily visible from roads and neighboring villages and cannot be deemed to be in harmony with the surrounding natural scenery.” Article 5 (Standards for Permission to Develop Development Permission for solar power generation facilities: (1) Permission to engage in development permission for solar power generation facilities shall meet all the following criteria in consideration of surrounding use of land and landscape:

Provided, That a place deemed necessary by the head of a Gun, such as where the State or a local government or public institution establishes it for his/her own consumption or building, shall be excluded.

1. Not damaging natural scenery, etc. viewd on major roads, such as national highways, local highways, Gun roads, agricultural and fishing villages roads;

2. Not to damage the residential densely-populated areas of at least five houses (households, etc. in which actual residents reside) and natural scenery, scenery, etc. of view at the site of public facilities;

2. In order for the Plaintiffs to install solar light mortars in the instant application form, the site should be arranged, and in the process, earth and sand flows out at the time of the Roman or concentrated, and the adjoining point below.

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