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(영문) 춘천지방법원 2019.08.27 2018구합52653
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are the final areas reduced following the procedures for supplementation of 20,300 square meters of land outside Gangwon-gun C, Gangwon-do, and two parcels.

(hereinafter “instant application site”) filed an application for permission for development activities with the Defendant on September 20, 2017 to install solar power infrastructure (hereinafter “instant power infrastructure”).

(hereinafter “instant application”). (b)

Around September 11, 2018, the Gun Planning Committee of the Crossing-gun passed a resolution as to the instant application as an “influence”.

C. On September 17, 2018, the Defendant rendered a non-permission disposition with respect to the instant application on the following grounds:

(hereinafter “instant disposition”). A.

- Grounds for non-permission (influence of location) - Scenic view is likely to damage scenic view on the national road side as linked to D, and the surrounding area environment and land use status and supplementary compatibility (hereinafter “grounds for non-permission”). - The filed area includes the area of landslide 1, and the area of at least 20 degrees and the area of at least 51.66% is likely to cause disasters, such as landslides (hereinafter “grounds for non-permission 2”).

- Relevant Acts and subordinate statutes - Article 58 of the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act"), - Attached Table 1-2 (Standards for Permission for Development Acts, etc.) of the Enforcement Decree of the National Land Planning and Utilization Act - The fact that there is no dispute over the ground for recognition / The Local Urban Planning Committee that rejected the deliberation of the Local Urban Planning Committee / 【No dispute over the ground for recognition’, the entry of

2. The assertion and judgment

A. The plaintiffs' assertion of this case is unlawful as it is based on the defendant's arbitrary judgment or misconception of facts as follows, which constitutes a deviation or abuse of discretionary power.

1. In light of the shielding measures prepared by the Plaintiffs regarding the ground for Disposition 1, the trees and natural features surrounding the instant application site, the current status of the use of surrounding land, the degree of view view in D, etc., the instant power generation facilities are installed and the landscape is particularly landscape.

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