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(영문) 춘천지방법원 2019.02.19 2018구합51117
개발행위불허가처분취소
Text

1. Each of the plaintiffs' claims is dismissed.

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

Reasons

1. Details of the disposition;

A. around September 2017, the Plaintiffs: (a) around 2017, filed an application for permission to engage in development activities (such as changing the form and quality of land, and installing solar power infrastructure (hereinafter referred to as “instant land”); (b) 20,590 square meters (hereinafter referred to as “so-called “so-called “so-called land”); and (c) 3,268 square meters (hereinafter referred to as “C land”; (d) 3,174 square meters (hereinafter referred to as “D land”); and (d) 20,59 square meters (hereinafter referred to as “each of the instant land”; and (e) developing solar power infrastructure site in solar power infrastructure (hereinafter referred to as “instant application site”); and (e) installing solar power infrastructure (so-called “so-glars), 2,940 square meters, and steel frame).

B. On March 9, 2018, the Defendant rejected the Plaintiffs’ application for permission to engage in development activities on the grounds of the result of deliberation by the Yang-gu Urban Planning Committee.

(hereinafter referred to as the “instant disposition.” As to the alteration of the form and quality of land following the installation of solar power infrastructure in the instant application site for reasons as follows: - The instant application is a site currently pending in litigation due to a tort, and the defect in its intention to conduct a tort in advance in the form of ex post facto ratification and to file an application for development activities after the filing of an application may remain in the same way as an implied treatment of a tort in the administration (hereinafter referred to as “reasons for Disposition 1”), and as the existing solar facilities are installed near a local highway I, there is concern over serious damage to the landscape caused by the grouping of additional solar facilities when the additional large-scale facilities are installed (hereinafter referred to as “reasons for Disposition 2”). 【No dispute over the ground for recognition”, the entry in the instant evidence Nos. 1 and 3

2. Addition of the disposition reason; and

A. In an appeal seeking the revocation of an administrative disposition, the agency may add or modify other reasons only to the extent that the basic factual basis of the original disposition is identical to that of the original disposition, and the existence of such basic factual basis is based on the specific facts prior to the legal evaluation of the grounds for the disposition.

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