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(영문) 전주지방법원 2020.02.05 2019구합1255
개발행위불허가처분취소의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Circumstances and details of the disposition;

가. 원고들과 L, M(이하 원고들과 함께 ‘원고 등’이라 한다)는 2017. 7. 21. 김제시 N 답 16,436㎡, O 답 492㎡, P 답 223㎡ 등 3필지(이하 위 3필지를 ‘이 사건 사업예정지’라 한다)에서 이루어질 태양광발전사업(공급전압 380V, 설비용량 99kW , 주파수 60㎐)에 관하여 발전사업허가를 각 받았다

(B) The plaintiffs together with the permission for the electric generation business that they received (hereinafter referred to as "the permission for each of the instant electric generation business").

Plaintiff

On November 10, 2017, etc., filed an application for permission for solar development activities (hereinafter “instant development activities”) with respect to the installation of structures and form and quality of land in order to install solar power facilities (hereinafter “instant power generation facilities”) in the prospective project site of this case.

After that, the Plaintiff et al. voluntarily withdrawn each of the above applications for permission on June 28, 2018 to extend the above time limit due to the Defendant’s disposal period ( July 11, 2018), and the Plaintiffs except LM voluntarily reduced the number of power plants on the same day from 13 to 11, thereby re-permission for each of the instant development activities (hereinafter “each of the instant applications”). A.

It is judged that the project plan applied is too close to the natural village and neighboring house and is surrounded by the house adjacent to the project site, even if the project site is shielding by planting trees, it is judged that the living environment such as the landscape and aesthetic view of the residential area is significantly hindered.

Accordingly, since Article 58 of the National Land Planning and Utilization Act and Article 56 (1) of the Enforcement Decree of the same Act do not meet the review criteria under the criteria for permission for development activities in attached Table 1-2, application for permission for development activities for the creation of sites for solar power infrastructure should be non-permission.

After undergoing deliberation by each urban planning committee held on September 19, 2018 and October 25, 2018, the defendant filed each of the instant applications for the following reasons.

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