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(영문) 대구지방법원 2019.12.12 2018구합25792
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 September 1, 2015, the Plaintiff was a corporation established for the purpose of operating the solar power generation business, and registered as a business operator on September 3, 2015, with a license for the electric power generation business on the solar power generation business with respect to the land (hereinafter “instant application site”), facility capacity 1,49kW, installed area 9,674 square meters of solar power business (hereinafter “instant electric power generation business”).

B. On April 27, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power facilities (hereinafter “instant power generation facilities”) with a size of 2,360 square meters and an area of 9,935 square meters in the form and quality change in the instant application site.

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

The Defendant requested the Permanent Residential Planning Committee (hereinafter referred to as the “Committee”) to deliberate on the instant application, and the Committee finally followed on September 19, 2018 after going through a resolution of re-deliberation on two occasions.

As a review opinion on the grounds for non-permission of the clause, a resolution was made. D.

On October 4, 2018, the Defendant rendered a decision on the Committee’s “decision” with respect to the Plaintiff and rendered a disposition of denying the instant application for the following reasons.

(hereinafter referred to as the "disposition of this case") shall be subject to the disposition of this case.

1. Pursuant to the provisions of Article 58 of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”) and Article 56 (Attached Table 1-2) of the Enforcement Decree of the same Act, permission for development activities must be possible in harmony with the surrounding environment or scenery, such as the actual use condition or land utilization plan of surrounding areas, gradient, trees, status of trees, water drainage, water flow, river, lake, marsh and marsh; or

2.The creation of a site for solar power facilities is impossible to restore the nature damaged once as a long-term project to its original state;

3. The project site is very adjacent to D.

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