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(영문) 대구지방법원 2020.06.25 2019구합25249
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 31, 2018, the Plaintiff obtained permission to generate electricity on the solar power generation business with respect to C forest land of 13,078 square meters (hereinafter “instant application site”), facility capacity of 998kW, and installation area of 13,078 square meters (hereinafter “instant business”).

B. On November 26, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power facilities (hereinafter “instant power generation facilities”) with the installation area of 5,158.4 square meters in the instant application site, and 11,041 square meters in an altered form and quality.

(hereinafter referred to as “instant application”). C.

The defendant requested the Urban Planning Subcommittee (hereinafter referred to as the "Committee") to deliberate on the application of this case at a permanent address, and the Committee rejected the application as a deliberation opinion as follows on August 26, 2019.

The location of the target area was adjacent to D, and there is a counter-civil petition for the reason of detrimental to the surrounding environment of the residents in the surrounding area at the time of installation of the facility because it is adjacent to the road, neighboring village, school, tourist facilities, and it is likely to damage the compatibility and aesthetic view of the surrounding natural landscape.

On September 3, 2019, the Defendant rendered a disposition rejecting the instant application against the Plaintiff on the following grounds:

(1) According to the Ministry of Land, Infrastructure and Transport operation guidelines, the Ministry of Land, Infrastructure and Transport has stated that the height and form colors of buildings or structures should be in harmony with neighboring buildings without damaging the natural landscape and landscape of the relevant areas of development activities and their surrounding areas, and that the Ministry of Land, Infrastructure and Transport has stipulated that the Ministry of Land, Infrastructure and Transport has to deliberate in consideration of the appropriateness of detailed criteria for deliberation on development activities and the protection of surrounding areas and landscape. (2) The results of deliberation by the Committee on the case of application for permission are rejected.

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