1. The plaintiff's claim is dismissed.

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

Details of the disposition

On July 16, 2019, the Plaintiff filed an application with the Defendant for permission for development of complex civil petitions containing change of form and quality to create a site for solar power infrastructure (hereinafter “instant application”). In order to create a site for solar power infrastructure, the Plaintiff filed an application with the Defendant (hereinafter “instant application”).

On August 1, 2019, the Defendant: (a) requested the Plaintiff to supplement the following details by September 2, 2019; and (b) notified the Plaintiff that the petition documents will be returned pursuant to Article 25 of the Enforcement Decree of the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”) in cases where the supplement is not completed by September 16, 2019; and (c) notified the Plaintiff that the petition documents will be returned if the supplement is not completed by September 3, 2019.

On September 17, 2019, a household residing within 100 meters in accordance with the Ordinance of the Si/Gun Planning and the guidelines for the operation of the Si/Gun Development Project. Thus, the defendant submitted review data to the Gun Planning Committee which submitted the entire written consent of the head of the household, and the defendant rejected the above application (hereinafter referred to as the "instant disposition") on the ground that the above supplement was not supplemented within the deadline for the request for supplement

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 7, and Eul evidence Nos. 1 (including additional numbers), and the fundamental grounds for the disposition of this case asserted by the plaintiff as a whole by the plaintiff of this case shall meet all of the following criteria, for power production facilities (referring to new and renewable energy facilities under Article 2 of the Act on the Promotion of the Development, Use, and Diffusion of New and Renewable Energy, which can produce and sell electricity) under Article 20-3 (1) 3 of the Enforcement Decree of the Cancer Urban Planning Ordinance, by failing to obtain the consent of the whole householder within 100 meters from the place of the application of this case:

3. Where a person resides below 10 subparagraph 10, he/she shall not be located within 100 meters in a straight line;

Guidelines for the Operation of Permission for Development Activities of Cancer.