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(영문) 광주지방법원 2019.09.19 2018구합1145
개발행위불허가처분취소
Text

1. The part concerning the claim of money in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Details of the disposition;

A. On December 21, 2017, the Plaintiff obtained from the Defendant a license for an electric generation business under the conditions of permission to obtain authorization or permission under the facility capacity 299kW and the individual law to operate solar power generation business on the ground of the Yan-gun B (hereinafter “instant land”).

B. On March 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the purpose of building sites by solar power facilities and by entering into and departing from the instant land, including change of the form and quality of 4,952 square meters in the instant land, and installation of structures of 1,63.5 square meters in the applied area, weight 18,975km, and volume 64.68 square meters in volume.

C. On June 27, 2018, after deliberation by the Gun Planning Committee, the Defendant issued a notification of non-permission for development activities (hereinafter “instant disposition”) to the Plaintiff on the following grounds.

2. He shall inform you of the results of deliberation by the Gun Planning Committee, such as attachment, with respect to a civil petition for permission for development of the instant land by your company, and shall notify you of non-permission for the following reasons pursuant to Article 57 of the National Land Planning and Utilization Act and Article 27 of the Civil Petitions Treatment Act:

- - Future - Inappropriate location of solar power infrastructure as a fluoral forest and fluoral forest, the need to preserve the superior mountainous district and an access road to a tourist destination likely to be connected to the connected mountainous district, resulting in the deterioration of surrounding landscape with surrounding forests and fields;

1. One copy of a written resolution of deliberation by the Gun Planning Committee (based on recognition), the fact that there is no dispute, each entry of evidence Nos. 5, 6, 10, and 20, and the purport of all pleadings;

2. The Plaintiff’s assertion that the disposition of this case is null and void on the grounds that the defect that deviates from or abused discretion is serious and obvious. The Defendant shall pay the Plaintiff the amount of damages KRW 57,250,000 (i.e., the down payment for solar device development activities of KRW 50,000,000 for design service contract deposit related to permission for development activities of KRW 7,250,000).

3. An administrative agency that serves as the authority of the State or a local government on the legality of the part of the instant lawsuit is capable of being the defendant in an administrative litigation.

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