1. The Defendant’s disposition of denial of permission for development activities against the Plaintiff on January 11, 2018 is revoked.

2...

1. Details of the disposition;

A. On May 15, 2017, the Plaintiff obtained a license to operate solar power generation business (facilities capacity of 497KW, supply voltage 380V, frequency 60Hz) with the trade name “D” from the Defendant in Seosan City B and C.

B. On January 4, 2018, the Plaintiff filed an application for permission for development activities aimed at installing structures and changing the form and quality of land (hereinafter “instant application”) with the Defendant on the ground of Seosan-si B, C, and E (hereinafter “instant application site”) for installation of solar power infrastructure (hereinafter “instant facilities”).

C. On January 11, 2018, the Defendant rejected the instant application from the Plaintiff on the ground that “the instant application is not in compliance with Article 8(1)2 of the Guidelines for Operation of Permission for Development Activities in Seosan-si.”

(hereinafter referred to as “instant disposition”). The terms used in Article 3 (Definitions) are defined as follows:

5. The term "housing-populated area" means an area where ten or more houses (based on detached houses and multi-family housing under the Enforcement Decree of the Building Act) are formed, and the distance between houses shall not exceed 50 meters away from the exterior walls of the building;

In such cases, abandoned houses referred to in subparagraph 12 of Article 2 of the Rearrangement of Agricultural and Fishing Villages Act shall not be counted as houses.

Article 8 (Standards for Permission for Installation of Power Facilities) (1) The power generating facilities shall meet the following standards:

2. They shall not be located within 200 meters in a straight line from the densely-populated area (based on the nearest house), and in cases falling short of 10, they shall be separated at least 20 meters per house, and they shall be separated at least 50 meters at least;

D. Of the Guidelines for Operation of Permission for Development Activities (established on June 26, 2017; hereinafter “instant Operating Guidelines”) established by the Defendant after consulting with the Local Urban Planning Committee, the part relating to the instant case is as follows.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, the purport of the whole pleadings.