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(영문) 광주지방법원 2016.04.21 2015구합12625
개발행위 등 불허가처분 취소
Text

1. On December 24, 2014, the Defendant’s disposition of refusal to report development activities and construction (new construction) against the Plaintiff shall be revoked.

2.

Reasons

1. Details of the disposition;

A. On October 13, 2013, the Plaintiff obtained permission for solar power generation projects (hereinafter “instant project”) by setting the place where the former Do Governor installed as the former Hamnam-gun A, B, and C (hereinafter “instant application site”).

B. On December 31, 2013, the Plaintiff filed an application with the Defendant for permission for development activities and filed a report on construction (new construction) to build solar power infrastructure in the instant application site.

C. On December 24, 2014, the Defendant notified the Plaintiff of the inappropriate information about the Plaintiff’s development activities and construction (new construction) report (hereinafter “instant disposition”) on the ground that the Plaintiff’s use of the surrounding area is in harmony with the actual use condition or land utilization plan of the surrounding area, and the landscape of surrounding environment, including the gradient of the land, pursuant to Article 14 of the Building Act and Articles 56 and 58(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). However, the surrounding area of the instant application site is likely to cause damage to surrounding natural scenery and aesthetic view if solar facilities are installed in an area where the undeveloped farm is located.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1 misjudgments and abuse of discretionary power, ① even if the solar power generation structure to be installed in the instant application area is all combined with the support stand and the solar light installed structure, it is only within 2 meters high, and the solar power generation equipment cannot be seen in the four villages except D. There is a plan to planting large trees and make it difficult to find solar power generation equipment in the D direction. ② The instant application was used as a dry field to grow fluord land in the old hill and its surrounding areas.

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