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(영문) 서울고등법원(춘천) 2020.12.21 2020누850
개발행위불허가처분취소
Text

The plaintiff's appeal is dismissed.

Costs of lawsuit after an appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment on this part of the court’s reasoning is as follows, and the reasoning of the judgment is identical to that of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, the reasoning of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

"Development Activities" (Change of land form and quality) shall be added subsequent to "Development Activities" in the 2nd judgment of the first instance.

The "Rido" of the second 11 line in the judgment of the court of first instance shall be raised into "Rido".

Article 6(1)1 of the Guidelines for the Operation of Yangyang-gun Development Activities (hereinafter referred to as “Yyang-gun Guidelines”) (not to be located within 100 meters from the roads packed at least two-lanes) of the judgment of the first instance, “Article 6(1)1 of the former Guidelines for the Operation of Yangyang-gun Development Activities (amended by the Rules No. 216, Jan. 29, 2019; hereinafter the same shall apply)” (hereinafter referred to as “the Guidelines”) shall be amended to “Article 6(1)1 of the former Guidelines for the Operation of Yangyang-gun Development Activities” (hereinafter referred to as “the Guidelines”).

2. Summary of the plaintiff's assertion

A. The instant provision stipulating the criteria for permission for development activities that a power plant should not be installed within a certain distance from a road is null and void because it exceeds the bounds of delegation stipulated in superior statutes, such as the former National Land Planning and Utilization Act (amended by Act No. 15727, Aug. 14, 2018; hereinafter “former National Land Planning Act”), the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 28521, Dec. 29, 2017; hereinafter “former Enforcement Decree of the National Land Planning Act”), the former Guidelines for Permission for Development and Operation (amended by Ordinance of the Ministry of Land, Infrastructure and Transport, No. 997, Apr. 18, 2018; hereinafter the same). Thus, the instant disposition is unlawful.

B. The Defendant’s instant disposition is lawful, since the installation of solar power plants in the instant project site in the instant litigation procedure is likely to damage forests, impair surrounding landscape, and hamper traffic due to the driver’s snow condition.

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