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(영문) 대구지방법원 2017.11.22 2017구합22369
개발행위허가불가통보처분취소
Text

1. The Defendant’s disposition of rejection of permission for development activities against the Plaintiffs on June 29, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s status 1) On February 16, 2017, the Plaintiffs are the C orchard 9,730 square meters, D orchard 6,896 square meters (hereinafter “the instant application site”).

2) The Defendant’s ground-based solar power generation business with a size of 14,907 square meters of power generation capacity (hereinafter “instant business”) to install and operate solar power generation facilities on the ground.

(2) The Plaintiffs completed the registration of ownership transfer on February 23, 2017, each of 1/2 shares as to the instant application form.

B. Around June 2017, the Plaintiff’s application for permission for development activities and the Defendant’s non-permission disposition 1) the Plaintiffs filed an application with the Defendant for permission to engage in the instant business on the ground of the instant application site (hereinafter “instant application”).

(2) On June 29, 2017, the Defendant rendered a disposition of denying the instant application on the grounds that Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) against the Plaintiffs on the following grounds:

(2) Article 58(1)4 of the National Land Planning and Utilization Act provides that the application of this case shall be made in harmony with the actual use condition of the surrounding area, land use plan, water drainage, etc. under the provisions of Article 58(1)4 of the National Land Planning and Utilization Act. The application of this case is not in conformity with the standards for permission for development activities, and is not appropriate for development activities, and it shall be made in line with the surrounding environment or landscape. Thus, since the application of this case is an area for which development activities are inappropriate as a result of a comprehensive examination, such as the opposition of the local residents, the application of this case

(Guidelines) 2-1-3, 3-3-3. 【No ground for recognition】, entry in Gap’s 1 through 4, and 11(including each number; hereinafter the same shall apply), and entry in Eul’s 3.

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