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(영문) 대전지방법원 2019.06.26 2018구합105902
개발행위허가 반려처분 취소
Text

1. The Defendant’s disposition of rejection of permission for development activities against the Plaintiffs on August 1, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the instant disposition

A. On February 2018, the Plaintiffs filed an application for permission to engage in development activities with respect to the land G and H land in Chungcheongnam-gun and Chungcheongnam-gun (hereinafter “instant application site”) in order to install solar power generation facilities and to establish access roads thereto, filed an application for permission to engage in a farmland conversion consultation with respect to part of the said G land, and filed an application for consultation on farmland conversion with respect to part of the said H land.

(hereinafter “instant application”). (b)

On August 1, 2018, the Defendant rendered a disposition to return the instant application to the Plaintiffs for the following reasons (hereinafter “instant disposition”).

[Grounds for Consideration] Article 58 (1) 4 of the National Land Planning and Utilization Act, and Article 56 (1) [Attachment 1-2] of the Enforcement Decree of the same Act does not meet the criteria for permission for development activities. [Grounds for Recognition] The fact that there is no dispute, entry of Gap's evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The instant disposition of the Plaintiffs’ assertion should be revoked on the following grounds.

1) A written public notice rejecting an application for permission for development activities (hereinafter “instant disposition”).

(2) The instant disposition violates Article 23(1) of the Administrative Procedures Act, which provides that the grounds and reasons for the instant disposition should be legitimately presented. (2) The Plaintiffs take various measures to prevent damage to natural scenery or disaster, such as installing a shield for the prevention of soil erosion and sand outflow. Nevertheless, non-permission of development acts itself is against the principle of proportionality, and permission for development activities and permission for the installation of solar power facilities, which are already for the purpose of collecting soil and rocks around the site of the instant application, have already been granted. The Plaintiffs are limited to the Plaintiffs.

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