1. On December 16, 2014, the Defendant’s disposition of non-permission to engage in development activities (construction of structures) against the Plaintiffs is revoked.

Basic Facts

On December 20, 2013, the Do Governor prior to the permission for the electricity generation business and the construction permission for the plaintiffs, subject to the authorization and permission under the individual laws, with respect to the plaintiffs A, the location of the installation shall be the Dom-gun C, and with respect to the plaintiffs B, the permission for solar power generation business was granted as D.

(2) On September 16, 2014, the Defendant permitted development activities to create a warehouse site in relation to the instant site and the land of Pyeongtaek-gun to the Plaintiffs on September 16, 2014, and three warehouses with a size of 247 square meters on each of the above land on each of the above land.

(hereinafter “instant building permit”). The Plaintiff A applied for the permission for development activities and the Defendant’s refusal disposition against the Plaintiff A applied for the permission for development activities, and the Plaintiff B applied for the permission for development activities for the installation of solar power infrastructure to the Defendant on December 9, 2014.

On December 16, 2014, the defendant rejected each of the above applications against the plaintiffs on the following grounds.

(hereinafter referred to as “each of the instant dispositions”) conflict with subparagraph 1 and 2 of Article 7 of the Guidelines for the Operation of Permission for Development Activities of Pyeongtaek-gun (hereinafter “instant Guidelines”) enacted on January 13, 2014 and partially amended on March 14, 2014 (hereinafter “instant Guidelines”) of the Guidelines for the Permission for Development Activities of the Republic of Korea (it shall not be located within 1,000 meters from motorways, general national highways, local highways, Do roads, Gun roads, agricultural and fishing villages; hereinafter “reasons for Disposition 1”), and subparagraph 2 (it shall not be located within 500 meters from the boundary of residential congested areas, tourist destinations, and site of public facilities; hereinafter “reasons for Disposition 2”);

2. Article 56 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”), [Attachment Table 1-2] of the National Land Planning and Utilization Act, as it is likely to damage the surrounding natural scenery and aesthetic view if solar energy facilities are installed in an area where farmland that has not been developed is the main district.