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(영문) 대구지방법원 2020.02.06 2019구합22028
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs received permission from the Defendant to engage in the power generation business on solar power generation projects at one of the following sources, including the Gyeongbuk-gun E and F:

(hereinafter collectively referred to as “instant business.” Serial 1 A, E, F, 200 2 B, E, G, and H on July 27, 2018, 2018, the size of the day permitted for the Plaintiff’s business place (kw) is 14,700 square meters; and 3 C, Inc. 14,800 on July 27, 2018, 197, 92.92. 14,800 on August 9, 2018, 197, 14,8004 D D Co., Ltd. on August 9, 2018, 197, 13,400 on August 9, 2018.

B. The terms and conditions of permission for each of the above electric generation businesses include “compliance with the written review opinion of individual Acts and subordinate statutes” but among them include civil petitions and review opinions stating that “The conditions fall under Article 56(1)1 and 2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and thus, permission for development should be obtained, and they should comply with Article 58 of the National Land Planning and Utilization Act and Article 18(2) of the Gun Planning Ordinance of the Dobong-gun.”

C. The Plaintiffs filed an application with the Defendant for permission to engage in development activities to build solar power infrastructure as follows:

(B) In the event that the Plaintiff filed an application for change of the form and quality of a structure, the Plaintiff filed an application for change of the form and quality of the building site on the date of application for the location of the applicant (hereinafter collectively referred to as “instant application”). The Plaintiff E, J, F. F. 24,510 on July 31, 2018, and 1 other than Plaintiff B, B, and 1, G, K, and H on July 28, 2018, 205 20,4503, Plaintiff C, August 14, 2018, and 14,977 11,7074, and 7074, Plaintiff D Co., Ltd. and 14, August 14, 2018, Plaintiff A, et al.

(a) The relevant project site is a zone with 80.34% of vegetation 3, and is a slope area with a gradient of at least 20∑ 48.4% (at least 15∑ 63.6%, average slope 18.9%). It is determined that the relevant project site has good regional ecological status, such as where the form of the project is investigated by the competent authorities of the PPPPPPPPPPPPP is adjacent to the project site, and at the time of implementation of the project; and

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