1. The Defendant’s disposition of non-permission to file an application for permission for development activities (change of land form and quality) with the Plaintiff on June 13, 2019 is revoked.

2...

1. Details of the disposition;

A. On October 15, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities and permission to divert farmland (hereinafter “instant application”) to construct solar power generation facilities in Chungcheong-gun B and C (area 5,475 square meters in the area of application for permission; hereinafter “instant application site”).

B. On March 28, 2019, after deliberation by the Gun Planning Committee pursuant to Article 59(1) of the National Land Planning Act, the Defendant rejected the instant application on June 13, 2019 on the ground that the instant application is inappropriate for the permission standards for development activities under Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and Article 56(1) [Attachment Table 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act, due to “defluence of surrounding landscape and influence (defluence in a village access road and residential confluence area, and exposure to the aspects at the time of installation of

(hereinafter referred to as “instant disposition”). [The grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Determination on the legitimacy of the disposition

A. The summary of the Plaintiff’s assertion 1 is not an area with a particularly visual and aesthetic value. Thus, it cannot be readily concluded that solar power infrastructure to be installed in the above application site is damaged by the circumstance that it is difficult to cover it in the access road to the village and the residential densely-populated area and is exposed at the time of the installation of a boiler. In addition, it is possible to cover it by planting shielding trees, etc. around the application site. In particular, the Plaintiff’s disposition of this case is abused discretion on the project plan attached to the application site of this case on the ground that “1.5 meters high-rises of 1.5 meters are planted with shielding trees, and 2.0 meters high, length, and 422 meters high-level fences are scheduled to be installed. However, even if the Defendant clearly stated that it is likely to damage the surrounding landscape and make it difficult for the Defendant to do so without any grounds.