1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On July 24, 2017, the Plaintiff obtained an electric utility business license for solar power generation business of 99.5kW in the instant application form from the Defendant.

B. On August 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities for solar power generation business (hereinafter “instant development activities”) regarding the instant application form (hereinafter “instant application”).

On September 26, 2017, the Defendant rendered a disposition of non-permission for development activities (hereinafter “instant disposition”) on the ground that it does not harmonize with the surrounding environment or landscape.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is as follows: (a) the instant disposition is unlawful due to ① the uncertainty of the grounds for disposition, ② the violation of the principle of trust protection, ③ the deviation and abuse of discretionary power.

1) The Defendant alleged uncertainty of the grounds for the instant disposition on the ground that “the instant disposition was made on the ground that it is in harmony with the surrounding environment or surrounding environment, such as the actual use condition or land utilization plan of surrounding areas, height of buildings, gradient of land, status of trees, water flow, drainage of rivers, lakes and marshes, drainage of wetlands, etc.” However, it cannot be clearly known that the instant disposition is in harmony with the surrounding environment or landscape, and therefore, the grounds for the instant disposition cannot be clearly known. Therefore, the instant disposition is unlawful. Therefore, the Plaintiff alleged violation of the principle of trust protection was trusted that permission for the instant application was granted since the Plaintiff fulfilled all the Defendant’s supplementary requirements regarding the instant application

Nevertheless, the Defendant issued the instant disposition against the Plaintiff’s trust.

3) Whether the instant application is a deviation or abuse of discretionary power, and the gradient is not at issue, and the trees are not planted.