logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.11.22 2017구합3378
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. For the purpose of constructing solar power facilities (hereinafter “instant project”), the Plaintiff obtained permission for the electric power generation business on November 15, 2016 from the Defendant, for the purpose of constructing solar power facilities (hereinafter “instant facilities”) on the land (hereinafter “instant site”), 120-1 and 4 lots in the Yae-si, Seocheon-si, a production management area (hereinafter “instant application site”).

The instant case’s filing ground for disposition is a typical farmland with a large number of farmland located below the lower part at a distance of 30 meters from the project site, and the upper part has a high natural landscape and the population of return to rural communities has increased due to the high natural landscape, and if solar power infrastructure is located, it can be said that damage to the natural landscape, such as a lack of irrigation channels, etc. due to the increase in the outflow quantity due to the installation of solar water so far as there is a lack of existing farming channels and farmland erosion, and that it does not completely harmonize with the surrounding landscape, such as the actual use condition of surrounding areas and the land utilization plan, etc. (hereinafter “the instant filing ground for disposition 1”), and is an area near the green sand and farming area having a high quality and water complex. The location of solar power infrastructure is likely to cause damage to fruit farming farmers if it is located, and that it can be deemed that there is a decrease in brand and brand value due to difficult development due to permission, rather than the economic interests of some individuals due to permission for development activities, and is more likely to cause (hereinafter “the reason for disposal”).

B. On February 9, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the instant project (hereinafter “instant application”). On April 28, 2017, the Incheon City Urban Planning Committee rejected deliberation on the instant application. On May 10, 2017, the Defendant issued a disposition rejecting the instant application to the Plaintiff for the following reasons (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap, 1.

arrow