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(영문) 광주지방법원 2019.11.21 2019구합10849
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 May 11, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the creation of a site for solar power infrastructure with respect to 5,601 square meters of land outside B and six parcels (hereinafter “instant application site”).

B. On December 6, 2018, the Defendant, after deliberation by the Urban Planning Development Subcommittee, rejected the Plaintiff’s application for permission to engage in the said development activities on the following grounds (hereinafter “instant disposition”). A.

1) The result of the deliberation by the urban planning development subcommittee is 1) that is rejected in C, which is located in the village entrance zone (2) that is likely to damage natural landscape in the road view right, 3) that is located in the village entrance zone, and 16 (25) that is located in the neighboring lot is being constructed, and the site plan is inappropriate due to the village and surrounding area and the 4) that is not standardized as a result of the ground plan, 5) that is inconsistent with the site, and that is not standardized as a result of the 5) that is unreasonable in accordance with the excellent treatment plan.

In accordance with attached Table 1-2 (Standards for Permission for Development Acts) of Article 56 of the Enforcement Decree of the National Land Planning and Utilization Act, there is no dispute over the locational improper [based], entry of evidence No. 1, and the purport of the whole pleadings as it damages the surrounding natural scenery and fine view and fails to be in harmony with the surrounding area.

2. The Plaintiff’s assertion of this case abused discretion.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides for the subject matter of permission for development activities, Article 57 provides for the procedures for permission for development activities, and Article 58 provides for the standards for permission for development activities pursuant to Article 58(1) and delegates the establishment of specific standards pursuant to paragraph (3) to the Presidential Decree.

Such permission for development activities is prohibited

Since there are many parts of the criteria for permission as an indefinite concept, administrative authorities are given discretion to determine whether they meet the requirements standards.

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