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(영문) 의정부지방법원 2019.05.16 2018구합15088
개발행위불허가처분취소
Text

1. The Defendant’s disposition rejecting development activities against the Plaintiff on July 19, 2018 is revoked.

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

Reasons

1. Details of the disposition;

A. On April 17, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities with respect to a total of 6,859 square meters, such as 3,907 square meters in Jeonwon-gun, Gangwon-do, C previous 749 square meters, D previous 1,829 square meters, and E previous 374 square meters in total (hereinafter collectively referred to as “instant land”).

(hereinafter referred to as “instant development act” for the installation of the foregoing structure and the alteration of the form and quality of land. The area applied for the installation of the structure: 2871.3 square meters: 34.5 tons; 34.5 tons of steel structure and structure: The steel structure and the fluor of a structure: 100.5 cubic meters of the area applied for the alteration of the form and quality of land for the development of new and renewable energy for the purpose of developing a new and renewable energy site for the purpose of developing the 6,859 square meters of land

B. On July 19, 2018, the Defendant rendered a disposition to deny the instant development activities to the Plaintiff.

(hereinafter “instant disposition.” The Defendant’s ground incurred in rendering the instant disposition is ① The instant land is adjacent to the area adjacent to the area of the north-dong and is inconsistent with the surrounding conditions and the environment such as residential environment impairment of local residents due to solar-powered installation (hereinafter “Ground 1”); ② National Highway F (iv) and Gun roads may interfere with the safe driving of drivers adjacent to G (hereinafter “Ground 2”); and it is inappropriate under Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 9, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The grounds that the Defendant’s main point of the Plaintiff’s assertion denied the instant application are based on misunderstanding of facts as follows, and the instant disposition is unlawful and revoked since it deviates from and abused discretionary power.

1 With respect to the 1st reason, the Plaintiff shall establish solar power generation facilities.

On the other hand, the maintenance infrastructure used by the neighboring residents is not inferior, and the aging and inferior buildings are excessively concentrated, so the residential environment cannot be seen as being infringed.

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