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(영문) 광주고등법원 2020.09.25 2019누12615
개발행위불허가처분취소
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is dismissed or added as follows. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. 2 Secondly, the “Before the date of application” (hereinafter referred to as the “Before the date of application”) shall be added.

3 3 'D. 1 P. D. 1' District Court 2017Guhap13040 'B' District Court 2017Guhap10340 'B'.

3. Paragraph 1 of Paragraph 1 of Paragraph 1 of Paragraph 1 of the same Article provides that “The area of the instant application shall be as follows,” and the following table shall be added to each of the areas of the instant application:

Plaintiff 1, Plaintiff 1, Nando-gun, Plaintiff 25,224С 5,310С in total, non-party 2, Plaintiff B B, Q. 4,513С in total, non-party 3, Plaintiff C, Nando-gun, and Plaintiff 4, Plaintiff 5,039С 5,039С in total, non-party 2, Nando-gun, and Eando-gun, Non-Party 1, and 2,042С in total, non-party 1, non-party 2, non-party 1, 18,041С in total, and one 1 line “Ydo-gun” in total, non-party 2,042С in total, non-party 1,041С, shall be deemed as “Ydo-gun.”

From 5 up to 3 lines below, the part of “(b)(1) to (2)” is as follows: (5) to 2 (3) to 4; and (6) to 9 lines “(4) to 5.”

In light of the following circumstances, which can be seen by adding the evidence stated in the above purport of related Acts and subordinate statutes, Gap 6 through 8, 10, 12, 14, 16, and Eul 3 through 5, 7 through 9, and the overall purport of oral arguments, the disposition of this case by the defendant cannot be deemed to have been abused or abused discretion. Accordingly, the plaintiffs' assertion cannot be accepted. 1) The claim of this case is not accepted. The separation distance from the National Highway X road of Dondo located on the south side is only within 30 meters and is easily seen on the road. In light of the table of the application site of this case (minimum 0m, maximum 85m) and the size of power production facilities to be installed (18,041m) and the size of power production facilities (minimum 18,041m).

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