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(영문) 광주지방법원 2020.08.13 2019구합11682
개발행위불허가처분취소
Text

1. Each disposition rejecting an application for permission for development activities filed by the Defendant against the Plaintiff on February 12, 2019 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On October 17, 2017, the Plaintiffs obtained each electric utility license for solar power generation business as follows from the Defendant.

The applicant project site facility capacity (kw) Plaintiff D 699.48, Plaintiff D 699.48, Plaintiff 2, the Plaintiff F, G 58.92, Article 58 of the National Land Planning and Utilization Act (Standards for Permission for Development Acts, etc.) and Article 56 (Standards for Permission for Development Acts, etc.) of the Enforcement Decree of the same Act [Attachment Table 1-2] subparagraph 1 (d) of subparagraph 1 (d) of subparagraph 1 of Article 1-2 of the Enforcement Decree of the same Act (hereinafter “Grounds for Disposition 1”), which is anticipated to damage natural landscape, aesthetic view, and to cut down green area (hereinafter “Grounds for Disposition 1”) (hereinafter “Grounds for Disposition 2”). In the application of the relevant Act pursuant to Article 12(3) of the Management of Mountainous Districts Act, where the relevant Act is recognized as a road (land category) and the Administrator of the Korea Forest Service’s announcement No. 2018-25 of the Forestry

1. The term "road" means any of the following roads:

Provided, That forest roads shall be excluded:

According to the Mountainous Districts Management Act, the opening of access roads and access roads to the land subject to the project is in conflict with the Mountainous Districts Management Act (hereinafter “instant disposition grounds”).

(B) On January 24, 2019, the Plaintiffs are partly entitled to the Defendant’s application for each of the above project sites (hereinafter “instant application site”).

(2) In order to build solar power generation facilities, an application for permission for development and farmland conversion (hereinafter collectively referred to as “instant application”).

(2) On February 12, 2019, the Defendant rejected the instant application for the following reasons (hereinafter “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 3, 5, 6, and 7 (including each number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The plaintiffs' assertion

A. When the Defendant issued the instant disposition, it did not present the grounds for the disposition in question by mistake, and did not clearly present the grounds for the disposition in question.

This provision stipulates that the basis and reason should be presented in the case of administrative disposition.

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