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(영문) 광주지방법원 2017.11.16 2017구합10364
군관리계획결정 입안거부처분 취소 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 24, 2015, the Plaintiff proposed an investment proposal for a wind power plant complex and an urban management plan (1) to the Defendant on June 24, 2015, the Plaintiff called the “project site of this case” (hereinafter “instant project site”).

(B) The term “the instant wind power generation complex” refers to “the instant wind power generation complex,” including the change to the name of the wind power generation complex (e.g., e., g., g., g., g., g.,

(2) On August 27, 2015, the Plaintiff submitted a proposal for investment in the wind power generation complex of this case to the Defendant on the following grounds: (a) the Plaintiff received the current status of the management plan, cadastral map, and topographical map from the Defendant; and (b) supplemented the said plan; and (c) again submitted the instant proposal for investment in the wind power generation complex of this case to the Defendant.

3) In order to create the wind power generation complex of this case, it is necessary to revise the management plan for the instant project site (existing management area, agricultural and forest area, and change of urban planning facilities (electric supply facilities). Accordingly, on August 31, 2015, the Plaintiff submitted to the Defendant a proposal to revise the management plan for the instant project site (amended). (4) On December 7, 2015 and January 27, 2016, the Defendant submitted a supplementary proposal to the Defendant for the determination (amended) of the management plan for the instant wind power generation complex development project (amended) that supplemented the project plan mitigation, promotional motion images, and minimizing damage caused by incorporation into private land.

B. On February 5, 2016, the Defendant notified the Plaintiff of the following results of the proposed management plan (hereinafter “instant proposal”).

A) The instant management plan for the wind power generation complex development project (which was proposed by the Plaintiff as a result of the proposal for the management plan for the wind power generation complex) will be reflected in the formulation of the management plan pursuant to Article 26 of the National Land Planning and Utilization Act and Article 20 of the Enforcement Decree of the same Act.

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