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(영문) 대전지방법원 2019.05.15 2018구합104688
개발행위불허가처분취소
Text

1. The Defendant’s disposition of rejection of an application for permission for each development activity filed with the Plaintiffs on June 26, 2018 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On December 2, 2017, the Plaintiffs filed an application with the Defendant for permission to engage in development activities (hereinafter “instant application”) to install solar power infrastructure of the size stated in the relevant table on each of the land as indicated below (hereinafter “instant application”).

The size of the plaintiffs' land (hereinafter "the application site of this case") is 15,606 m2.18 m2 and 15,606 m2, such as part of C, D, E, and F, A, the area applied for installation of a structure with 15,606 m2 m2.18 m2, the area applied for change of land form and quality, and 13,685 m2, including part of G, H, I, I, J, and F, and 13,685m2.

B. On June 26, 2018, the Defendant rendered each of the dispositions (hereinafter “each of the dispositions in this case”) rejecting the instant application against the Plaintiffs for the same reason as follows.

[Grounds for Consideration] Article 58 (1) 4 of the National Land Planning and Utilization Act and Article 56 (1) [Attachment Table 1-2] of the Enforcement Decree of the same Act shall not meet the criteria for permission for development activities under Article 58 (1) 4 of the same Act and Article 56 (1) [Attachment Table 1-2] of the Enforcement Decree of the same Act

2. Whether each of the dispositions of this case is legitimate

A. The gist of the plaintiffs' assertion 1) The defendant who violated the grounds of disposition and the duty to present reasons shall be the grounds for disposition under the National Land Planning and Utilization Act (hereinafter "National Land Planning Act").

(1) Article 58(1)4 of the Enforcement Decree of the same Act and Article 56(1) [Attachment 1-2] of the Enforcement Decree of the same Act and did not explicitly state all the specific reasons in the written disposition. Since the pertinent provisions of the Enforcement Decree stipulate various reasons as the criteria for permission, it cannot be known that the Plaintiffs are in conflict with the above provisions due to any reason. Thus, the instant disposition is an unlawful disposition against Article 23(1) of the Administrative Procedures Act that did not lawfully present the grounds and reasons for the disposition in violation of Article 23(1) of the Administrative Procedures Act. 2) The instant application

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