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(영문) 대구고등법원 2020.04.10 2019누4791
개발행위불허가처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. On January 9, 2017, the Plaintiffs received permission from the Defendant for solar power generation projects, each of which is “D land at the permanent domicile of the establishment site (hereinafter “instant application site”), capacity of 99.2kW, size of 1,980 square meters,” respectively.

B. On July 9, 2018, the Plaintiffs filed an application with the Defendant for permission for development of 2,792 square meters in the instant application form, Plaintiff A, Plaintiff B, and Plaintiff C, the 1,692 square meters in each application form, to install solar power infrastructure based on each of the above solar power generation projects.

(hereinafter, each of the above applications is referred to as "the instant application" in entirety.

The Defendant requested the Permanent Residential City Planning Committee (hereinafter referred to as the “Committee”) to deliberate on the instant application.

On August 22, 2018, the Committee passed a resolution on "re-deliberation" as follows.

Accordingly, on August 28, 2018, the defendant notified the plaintiffs of the results of the above review on August 28, 2018.

1. Submission of data related to the matters to be consulted with neighboring residents (data about the project explanation session and data about the present status);

2. The Ministry of Justice required to supplement the instant application by reflecting the need to verify whether there is a conflict of relevant laws with the departments related to the project for supporting over-the-counter FTA.

【Opinion on Deliberation】

1. Submission of data related to the matters to be consulted with neighboring residents (data about the project explanation session and data about the present status);

D. The plaintiffs submitted the data upon the above request for supplementation, and the defendant again requested the Committee to re-examine the application of this case.

On September 19, 2018, the Committee again made a resolution on "re-deliberation" as a review opinion as follows.

Accordingly, on October 4, 2018, the defendant notified the plaintiffs of the results of the above deliberation, and required to supplement the application in this case by reflecting the following deliberation opinions:

【Opinion on Deliberation】

1. Submission of related data concerning consultations with neighboring residents;

E. When the plaintiffs again submit data according to the above request for supplementation, the defendant re-examines the application of this case to the Committee.

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