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(영문) 광주지방법원 2020.06.11 2019구합13596
개발행위허가신청 반려처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Details of the disposition

On June 10, 2019, the Plaintiffs filed an application with the Defendant for permission for development of complex civil petitions (such as changing land form and quality, and installation of structures) including farmland diversion consultation to create a site for solar power infrastructure in the form of complex civil petitions (hereinafter “instant application site”) with the Defendant for the creation of a site for solar power infrastructure.

(hereinafter “instant application”). On the other hand, D and E obtained permission for development for the creation of a site for solar power infrastructure from each Defendant on December 28, 2018, with respect to the size of 2,99 square meters, both F in the Masung-gun, Jeonnam-gun, and 2,99 square meters, G and H obtained permission from each Defendant for the development of a site for solar power infrastructure.

In addition, on May 9, 2019, J filed an application for permission for development of complex complex (such as changing the form and quality of land and installation of structures) in which consultation on diversion of farmland is included for the creation of site for solar power facilities, on May 15, 2019, on land outside M/M 1,235 square meters, and on land other than M/M 1,235 square meters, on May 15, 2019, N on May 15, 2019, and H on land other than P/L 1,376.15 square meters, respectively, for permission for development of complex complex (such as changing the form and quality of land and installation of structures) including consultation on diversion of farmland.

(E) The Defendant, on June 14, 2019, requested the Plaintiffs and the applicants for adjoining land to supplement the following contents by June 28, 2019. The Plaintiffs submitted a certified copy of the Plaintiffs’ proposal to the Defendant.

Pursuant to Article 59, Article 1, Article 11, and Article 11-2 of the Enforcement Decree of the Environmental Impact Assessment Act, the defendant requires the defendant to supplement the above contents by July 1, 2019 again on July 15, 2019. On July 16, 2019, the defendant requested the plaintiffs to supplement the above contents by July 14, 2019 pursuant to Article 22(1) of the Civil Petitions Treatment Act, the plaintiffs to supplement the request on June 14, 2019, and the supplementary request on July 14, 2019, and on July 16, 2019.

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