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(영문) 춘천지방법원강릉지원 2020.04.23 2019구합30660
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On December 12, 2017, the Plaintiffs obtained a license for an electricity business on solar power generation projects, which is located in the installation site of electric facilities of 93,210 square meters of Gangwon-do Gowon-gun G forest in Gowon-gun, Gangwon-do.

B. On January 28, 2019, the Plaintiffs filed an application for permission for development activities to install solar power infrastructure (hereinafter “instant application”) with the Defendant on the 1,331 square meters of the above woodland and Gangwon-gun H road 1,331 square meters (hereinafter “instant application site”).

C. On February 1, 2019, the Defendant rendered a disposition rejecting the instant application (hereinafter “instant disposition”) on the ground that “the instant application site is located within 500 meters from I (hereinafter “the instant road”) and is contrary to the standard for separation distance under Article 20(3)1 of the Ordinance on the Gun Planning of High-gun (hereinafter “instant provision”).” The criteria for permission for solar power generation facilities pursuant to attached Table 1-2 of Article 56(1) of the Decree shall meet the following requirements:

1. It shall not be located within 500 meters in a straight line from a road (including a national expressway, general national highway, local highway, Gun road (including an urban planning road) or a road determined and publicly notified pursuant to the Act on the Maintenance and Improvement of Road Systems in Agricultural and Fishing Villages);

D. The Plaintiffs were dissatisfied with the instant disposition and filed an administrative appeal with the Gangwon-do Administrative Appeals Commission on March 12, 2019, but the claim was dismissed on May 27, 2019.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 5, 10, 19, 21, 22, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the plaintiffs' assertion of this case must be revoked on the following grounds that the disposition of this case has no effect or has a deviation from or abuse of discretionary power.

1. The instant provision is either enacted without statutory delegation or limited to delegation.

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