1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On March 30, 2017, the Plaintiff obtained a license for the electric generation business on solar power generation projects under the trade name “B” from the Defendant.

The terms and conditions of permission for the electricity generation business, which were implemented by the relevant department, include a comprehensive civil petition and review opinion to the effect that “the development activities related to the business are subject to deliberation by the Urban Planning Committee at the time of the act of development and permanent residence under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and thus, should meet the requirements under the said Act.”

나. 원고는 경북 영주시 C(이하 ‘C리’라고만 한다) D 전 4,410㎡(이하 ‘이 사건 신청지’라 한다) 지상에 조성면적 4,410㎡, 설비면적 959.14㎡, 설비용량 198.36kw, 높이 3.4m, 모듈갯수 694개인 태양광 발전시설(이하 ‘이 사건 발전시설’이라 한다)을 설치하기 위하여, 피고에게 2017. 6. 21. 공작물설치, 토지형질변경을 위한 개발행위허가신청을 하였고, 2017. 8. 31. 일부 사항을 보완하여 같은 취지의 개발행위허가신청(이하 ‘이 사건 신청’이라 한다)을 하였다.

C. On October 12, 2017, the Defendant rendered a disposition rejecting the instant application against the Plaintiff (hereinafter “instant disposition”), and the reasons therefor are as follows.

1) Results of deliberation by the Urban Planning Committee: (a) for the purpose of granting permission for development activities on grounds (a) (b) under Article 58 of the National Land Planning and Utilization Act, the land use status of the surrounding area or the land use plan, gradient, status of trees, water drainage, drainage of river, lake and marsh, wetlands, etc., should be in harmony with surrounding environments or landscape, such as drainage of wetlands, etc., but (b) the project site is located in the village behind the village adjacent to the 200-meter radius in straight line from the E village, and is likely to damage natural scenery and rural aesthetic view due to the project, and the surrounding areas are farmland and seedlings.