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(영문) 대전지방법원 2018.09.12 2018구합102675
개발행위불허가처분취소
Text

1. On January 16, 2018, the Defendant’s revocation of the provisional injunction against each of the Plaintiffs for development activities.

2...

Reasons

1. Details of the disposition;

A. 10 persons, including the Plaintiffs, purchased forest E (hereinafter “instant application site”) in Seocho-si (hereinafter “instant application site”), and six persons, including the Plaintiffs, decided to actually construct solar power plants by requesting consultation and construction to D, a solar power plant construction business chain company.

B. The Plaintiffs, on May 30, 2017, filed an application for permission for the electrical business with the Defendant on the same year.

7.21. It has obtained the electric utility license;

C. On January 12, 2018, for the creation of a site for solar power facilities (F) with respect to the area of 875 square meters in the instant application site, Plaintiff B made an application for permission for each of the development activities (hereinafter “each of the instant applications”) for the creation of solar power facilities (G) with respect to the area of 1,371 square meters in the instant application site, and the Plaintiff C made an application for each of the instant applications on January 15, 2018 for the creation of a site for solar power facilities (H) with respect to the area of 1,371 square meters in the instant application site. On January 15, 2018, the Defendant rendered a disposition of non-permission (hereinafter “each of the instant dispositions”).

On March 15, 2018, the Cheongnam-do Administrative Appeals Commission dismissed each of the plaintiffs' claims against the plaintiffs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. Each of the instant dispositions asserted by the Plaintiffs should be revoked on the following grounds.

1 The instant provision and Article 2 of the Addenda thereto violate the principle of proportionality and the principle of trust as follows.

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