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(영문) 광주고등법원 (전주) 2018.07.09 2017누1648
개발행위불허가처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the judgment as set forth in the following paragraph (2). Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The parts used for the trial and the judgment on additional parts; and

A. 1) Part 1 of the second part of the judgment of the court of first instance, "D, E" is isolated from "D, E, and B" to "D, B", the fourth part of the first part of the judgment "2. The plaintiff's argument" is added to "2. The plaintiff's argument", "A. The plaintiff's argument" is added to "the 8th part "", "the 7th part" is added to "the 8th part "the 14th part" and "the 8th part "the higher than the surrounding land" is added to "the 12th part of the judgment of the court of first instance" and "the 14th part of the 92 through 18th part of the 18th part of the judgment of the court of first instance.

•The Plaintiff permitted the application for permission for development of solar power infrastructure in 10 Os. Os. O. 10 of the city where the instant application is located. The land for which the permission was obtained is identical or similar to the application site of this case, location conditions, landscape protection, and landscape damage, such as farmland, village, forest, adjacent to the road, etc. In addition, since the instant application site and location conditions are similar to the instant site and location conditions due to farmland, village, village, or forest in the vicinity of the city where the instant application site is located, and there are similar farmland, village, or forest, and there are similar conditions to the instant application site and location conditions. Thus, the instant disposition rejecting the application for permission for development is discrimination against the Plaintiff without any reasonable grounds, and thus contravenes the principle of equality.

However, the area of permission to engage in the development activities of 10 square meters in the area of the 10th place located in the following areas is less than 2,100 square meters, and it is remarkably smaller than 15,853 square meters in the area of the land of this case (6,240 square meters in the area of a structure installed among them).

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