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(영문) 대구지방법원 2020.08.19 2019구합23106
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On September 7, 2018, the Plaintiffs obtained permission from the Defendant for each solar power generation project (hereinafter “instant project”) with the content of 12,173 square meters in C orchard (hereinafter “instant application site”), facility capacity of 99.28km, and 1,980 square meters in an installation area, which is located in the permanent residence of the Defendant (hereinafter “instant application site”).

B. On December 11, 2018, the Plaintiffs filed an application for permission to engage in development activities with the content of 3,470 square meters in the instant application form for the installation of solar power infrastructure, and 964 square meters in a structure installed, with the Defendant.

(hereinafter referred to as the “instant application”) 1. Pursuant to Article 58 of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”) and Article 56 [Attachment 1-2] of the Enforcement Decree of the same Act and Article 56 of the Enforcement Decree of the same Act, the land utilization status or land utilization plan of neighboring areas, gradient, trees, water level, water drainage, drainage of river, lake, marsh and marsh wetlands, etc. for the purpose of permission for development activities,

2. The instant application site is located adjacent to approximately 220 meters in the D Village Natural Community District and approximately 810 meters in roads. The surrounding areas of the instant application site are necessary to be preserved from a long-term perspective as conservation and management area, which is a conservation purpose under the National Land Planning Act, and are formed into farmland suitable for fruit trees, and thus, it is inappropriate to be inappropriate as a project site because it is in harmony with the surrounding environment and landscape due to the project such as the actual conditions of the utilization of land in the surrounding areas or the land utilization plan.

On December 26, 2018, the defendant requested the plaintiffs to supplement the deliberation documents of the Urban Planning Committee (the results of consultation with relevant departments).

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