1. The Defendant’s disposition of denial of permission for development activities against the Plaintiffs on January 31, 2019 is revoked.

2...

1. Details of the disposition;

A. On October 8, 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities regarding installation of solar power infrastructure on the ground of 2,231 square meters (hereinafter “instant application site”) among the 3,590 square meters in Gangseo-si, Gangnam-si (hereinafter “instant application”).

B. On December 2018, the Gangnam-si Urban Planning Committee held a committee to deliberate on the instant application. “In the event of the installation of a structure in a residential densely-populated area, the committee rejected the instant application due to the damage to the natural landscape and aesthetic view around the village, the height, form, and color of the structure, but it subsequently decided to re-examine the instant application according to the result of administrative litigation in progress as a similar case.”

C. On January 2019, the Gangnam-si Urban Planning Subcommittee held a committee to review the instant application and rejected it on the following grounds.

(i) The height, form, and color of the structure (ii) the height, shape, and color of the structure around the village, when the structure is installed as a residential densely-populated area;

D. On January 31, 2019, the Defendant rendered a disposition rejecting the instant application on the ground that the instant application does not meet the standards for permission for development activities, such as the result of deliberation by the Gangseo-si Urban Planning Subcommittee (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is an unlawful disposition that deviates from or abused discretionary power, and thus, must be revoked.

(b) as shown in the attached Form of the relevant statutes;

C. Determination of permission for development activities is subject to permission standards and prohibition

The issue of whether the requirements are met because there are many parts prescribed as indefinite concepts is within the area of discretionary judgment of administrative agencies.

Therefore, the judicial review of it is possible to consider the discretion of the administrative agency on the determination of the public interest.