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(영문) 광주지방법원 2019.11.21 2019구합10832
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. On May 11, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities with the content of changing the form and quality of land and building structures for the creation of a site for solar power infrastructure on the land outside B and six parcels (hereinafter “instant application site”).

B. In accordance with Article 59 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Articles 57 and 58 of the Enforcement Decree of the same Act, the Defendant rejected the said application for the following reasons (hereinafter “instant disposition”) following the deliberation by the subcommittee on urban planning and development in leisure time.

(1) Results of deliberation by the Urban Planning and Development Subcommittee: 1) Violation 1) Violation 1) Violation 2) Violation 2) Violation 3) Violation 3) Violation 3) Violation 3) Violation 4) Violation 16 (In the case of construction of electric source housing, 16 (4) the location of electric source housing is inappropriate as it is inconsistent with the village and its surrounding area, and 5) Violation 6) Violation 2) Violation 1) Violation 4 (In the case of the 6) Violation 6) Violation 6) Violation 2) Violation 1

(b) An improper fact that there is no dispute over the location (based on recognition), entry in Gap evidence 1, and purport of all pleadings as a result of damaging the natural scenery and fine view in the surroundings and not in harmony with the surroundings pursuant to attached Table 1-2 (Standards for Permission for Development Acts) of the Enforcement Decree of the National Land Planning Act

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made in deviation from and abuse of discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. 1 Permission for development activities is subject to permission standards and prohibition

The issue of whether the requirements are met because there are many parts prescribed as indefinite concepts is within the area of discretionary judgment of administrative agencies.

Therefore, the judicial review of this is limited to whether or not there is deviation or abuse of discretionary power, in principle, considering the possibility of discretion on the public interest judgment of the administrative agency.

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