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(영문) 전주지방법원 2019.11.20 2019구합344
개발행위허가취소처분 취소청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Circumstances and details of the disposition;

A. On May 18, 2017, C purchased rice 1,885m2 (hereinafter “instant land”) and G field 817m2 (hereinafter “instant land”). The Plaintiffs obtained consent from C, the owner of the instant land, as to the instant application, to use the land.

B. As to the land of this case on November 16, 2017, Plaintiff A applied for permission to engage in each development activity (hereinafter “each development activity of this case”) with respect to the instant application filed on November 16, 2017, including the installation of a structure to create a site for solar power infrastructure and the alteration of form and quality thereof, etc. to the Defendant.

(hereinafter referred to as “previous application for permission”). (c) The Plaintiffs’ above application for permission.

The Plaintiffs submitted to the Defendant a written consent from 12 neighboring residents of the instant application site (hereinafter referred to as “written consent from the instant residents”) while filing the previous application for permission.

The written consent of the present resident contains the name, address, and seal of 12 neighboring residents of the present site to the purport that “the consent to the installation of power facilities without raising any objection to the installation of solar power plants.”

On January 8, 2018, the Defendant granted permission by adding conditions to each application for the previous permission.

(hereinafter referred to as "previous permission"). (e)

The defendant investigated the civil petition of the residents of the neighboring D village in the place of the application of this case seeking revocation of the previous permission disposition, and confirmed that the consent of the residents of this case submitted by the plaintiffs was forged, and that some of the residents were prepared without omission.

Accordingly, on November 13, 2018, the Defendant ordered the Plaintiffs to suspend construction works according to the previous permission disposition until December 13, 2018, and nearby the application site of this case.

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