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(영문) 대구지방법원 2020.01.22 2019구합23403
개발행위불허가처분취소
Text

1. The Defendant’s disposition of rejecting an application for permission for development activities rendered to the Plaintiff on December 31, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 8, 2017, the Plaintiff obtained from the Defendant a permit for the electric generation business with the content of operating a solar power generation business with facility capacity of 99.2kW in the area of 3,543 square meters in a permanent residence (hereinafter “instant application site”).

B. On September 22, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities, jointly with C, to install solar power infrastructure of 99.2kW capacity in the instant application site.

(hereinafter referred to as “instant application”), and the application for permission to engage in development activities filed by the Plaintiff is deemed to be “instant application.”

On October 23, 2017, the Defendant requested the Plaintiff to supplement the details of the application for permission for development activities, such as the actual size of solar power infrastructure, and the accompanying documents. On November 2017, the Plaintiff submitted supplementary documents on the said matters to the Defendant.

On January 24, 2018, the Defendant requested the Permanent Resident Planning Committee to deliberate on the instant application, and the said Committee passed a resolution on “Re-deliberation” as the following deliberation opinions, and the Defendant, on January 30, 2018, notified the Plaintiff to supplement the instant application by reflecting the deliberation opinion and making a different notification.

(1) Submission of the numerical value of the repair account statement. (2) Supplementary submission of a shielding plan (j). (3) Review of the plan for exclusion of the lower part of the site and the arrangement of locks. (4) Submission of the Formula 1 data on the view of the site on national highways and local highways. Submission of the data on consultation on houses, etc. that have not been consulted around.

E. Around March 2018, the Plaintiff submitted supplementary documents to the Defendant regarding the remainder of the above review comments, excluding paragraph 5.

F. On March 21, 2018, the Permanent Resident Planning Committee deliberated on the instant application again, and resolved “Conditionally passed” as the following deliberation opinions, and on April 4, 2018, the Defendant notified the Plaintiff that the instant application was supplemented and changed by May 4, 2018.

(1) Correction of errors in repair statements.

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