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(영문) 광주지방법원 2019.11.28 2019구합10870
개발행위불허가처분취소
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 May 11, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities with the content of changing the form and quality of land and building structures for the creation of a site for solar power infrastructure in the 6,697 square meters of land outside B and six parcels (hereinafter “instant application site”).

(hereinafter “instant application”). A.

(1) Results of deliberation by the Urban Planning and Development Subcommittee: 1) Violation 1) Violation 2) Violation 2) Violation 3) Violation 2) Violation 3) Violation 3) Violation 3) Violation 3) Violation 16 (2) Violation 4) Violation 4 (2) Violation 6) Violation 4 (2) Violation 1) Violation 4 (2) Violation 6) Violation 6) Violation 5 (2) Violation 2) Violation 1 (2) Violation 2) Violation 1 of the 3) Violation 16 (2) Violation 4) Violation 1 of the

(b) Site location improper as it damages the surrounding natural scenery and aesthetic view and fails to be in harmony with the surroundings pursuant to attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act;

B. In accordance with Article 59 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Articles 57 and 58 of the Enforcement Decree of the same Act, the Defendant rejected the said application for the following reasons (hereinafter “instant disposition”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the deliberation result on the instant application was rejected by the Steering Committee cannot be deemed a ground for the instant disposition. ② The instant application does not completely conflict with relevant statutes, such as the operation guidelines at the time of permission for development activities, the criteria for permission for solar power generation stipulated by the Urban Planning Ordinance at the time of leisure and leisure, and ③ the Plaintiff’s small environmental impact assessment and assessment.

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