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(영문) 대전지방법원 2019.08.22 2018구합105056
개발행위불허가처분취소
Text

1. Each disposition rejecting an application for permission for development activities filed by the Defendant against the Plaintiffs on May 15, 2018 is revoked.

2...

Reasons

1. Details of the disposition;

A. Plaintiff A was granted a license from the Defendant on January 15, 2017, with the trade name “D” in Cheongyang-gun C, and the Plaintiff B, with the trade name “E” at the same place, to engage in solar power generation business (facilities capacity 492.8 KW, supply voltage 380V, frequency 60Hz).

B. On April 2018, Plaintiff A filed an application for permission for development activities with the Defendant for installation of structures and alteration of form and quality of land for the purpose of installation of solar power facilities (hereinafter “instant facilities”) in each solar power facility (hereinafter “instant application site”) on the forest land C, C, 8,277 square meters (hereinafter collectively referred to as “instant application site”), and Plaintiff B filed an application with the Defendant for permission for development activities for the purpose of changing the form and quality of land.

(hereinafter referred to as “instant application”). C.

On May 15, 2018, the Defendant rejected the instant application from the Plaintiffs on the ground that “The housing under Article 8(1) of the Guidelines for Operating Permission for Development Activities of Cheongyang-gun is inappropriate for the distance standards”

(hereinafter referred to as “instant disposition”). The terms used in Article 3 (Definitions) are defined as follows:

1. The term "residential densely-populated area" means an area where at least five authorizations (the households in which actual residents reside) are concentrated, and the criteria for calculation shall be the sum of lakes connected within a 50-meter radius between the housing site actually residential and vacant houses shall be excluded;

Article 8 (Standards for Permission for Installation of Power Facilities) (1) The power generating facilities shall meet the following standards:

1. He/she shall not be located within 500 meters in a straight line from the residential densely populated area of at least five units, and shall not be located within 200 meters in cases falling short of 5 units;

(a) Provided, That the area of the site for application is not more than 2,00§³ (in such cases, it shall be not more than 100 meters away from the boundary of the housing site, and the distance between the power generation business shall be not less than 50 meters away from the boundary), the State, local governments and public institutions shall be established as necessary for the public interest, or established

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