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(영문) 대전지방법원 2020.12.09 2019구합1090
발전사업허가처분취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff (appointed party).

Reasons

1. Details of the disposition;

A. The Plaintiff (Appointeds) and the designated parties (hereinafter “Plaintiffs”) are residents of the Simsan-gun of Chungcheongnam-do.

B. On November 16, 2018, the Defendant issued a building permit (the legal fiction of permission for development acts) to install a mushroom cultivation company (hereinafter “instant mushroom cultivation company”) which is an animal and plant facility with the total floor area of 405.6 square meters in Geumsan-gun D with respect to Nonparty B.

C. On December 21, 2018, based on Article 7(1) of the Electric Utility Act and Article 4(1) of the Enforcement Rule of the same Act, the Defendant issued a disposition to permit solar power generation projects with the content of installing “E” solar power generation facilities (hereinafter “instant power generation facilities”) on the mushroom farming shed in the instant case.

(hereinafter “instant disposition”). C.

On March 26, 2019, the Defendant approved the use of the instant mushroom farming house (hereinafter “the completion of the instant case”). D.

The Plaintiffs filed an administrative appeal seeking the revocation of the instant disposition and the invalidity of the completion of construction, around the Chungcheongnam-do Administrative Appeals Commission.

On July 29, 2019, Chungcheongnam-do Administrative Appeals Commission dismissed all the part seeking the invalidation or revocation of the completion of the instant case, and all the part seeking the invalidation or revocation of the instant disposition was dismissed.

[Reasons for Recognition] Gap evidence Nos. 5, Eul evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. The plaintiffs' assertion that the disposition of this case is erroneous as follows, and since the plaintiffs suffered physical and mental damage, such as infringement of environmental rights, damage to crops, damage to view, and decline in real estate value, due to the installation of solar power facilities on the mushroom plantation of this case by B on the mushroom of this case, the disposition of this case should be revoked.

B is subject to permission for development activities for the establishment of the mushroom cultivation plant in this case, but it is related to the installation of the power plant in this case.

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