1. On June 21, 2017, the Defendant applied for each permission for development activities (construction of structures and alteration of form and quality) against the Plaintiffs.

1. Details of the disposition;

A. On April 20, 2017, the Plaintiffs filed an application for permission for development activities (hereinafter “instant application”) with the Defendant to install solar power infrastructure (hereinafter “instant power infrastructure”) on the ground of each land indicated below (hereinafter “instant application site”).

1,672 square meters out of 1,346 square meters among the 1,604 square meters of 1,346 square meters of 4,000 square meters of 1,578 square meters of 1,578 square meters of 1,578 square meters of 1,672 square meters of 1,672 square meters of 1,702 square meters of 1,672 square meters of 3

B. On June 21, 2017, the Defendant rendered a non-permission disposition against the Plaintiffs on the ground that “The instant disposition is inappropriate to the terms and conditions of Article 3(1), (2), and (3) of the Guidelines for Operation of Permission for Development of Unjun-Gun Development Activities (hereinafter “instant Guidelines”), and that the instant application is inappropriate to be the installation of solar power facilities due to stables and citizens in the vicinity of the prospective project site (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is unlawful due to the following defects.

1) The instant guidelines have no effect on the following grounds. The instant dispositions are unlawful on the basis of the instant guidelines that have no effect. The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides for the National Land Planning and Utilization Act.

The Ministry of Land, Infrastructure and Transport made it possible to set detailed review criteria for development permission standards, and the Ministry of Land, Infrastructure and Transport’s directives, without setting detailed review criteria, requires the permitting authority to prepare separate guidelines within the scope delegated by the Act and the Enforcement Decree of the same Act.

This goes beyond the limit of delegated legislation, so the guidance of this case is not effective.

The instant guidelines are as follows.