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(영문) 대구지방법원 2017.07.21 2017구합20691
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. On June 13, 2016, the Plaintiffs were licensed to engage in the electricity generation business for solar power generation business with the facility capacity of 99kW on the ground of the north-gu C at Port from the Port Port on the ground of the port of port.

B. The Plaintiffs’ application for permission to engage in development activities and the Defendant’s non-permission disposition 1) The Plaintiffs, on July 25, 2016, filed with the Defendant on July 25, 2016, shall be 4,704 square meters out of the North-gu Seoul and one parcel outside of

2) The Plaintiff filed an application for permission to engage in development activities on the ground to install solar power facilities (the installation area of a structure 752m2) (hereinafter “instant application”).

(2) After consultation with relevant departments, the Defendant presented the instant application for deliberation by the Urban Planning Committee on September 1, 2016, and the Defendant rendered a decision of review on the ground that the implementation of complementary matters, such as “the understanding and understanding of civil petitions, and the establishment of a landscape improvement plan taking into account surrounding environments,” were necessary. On November 3, 2016, the Urban Planning Committee again held on the same ground, but the decision of review was made for the same reason. On January 19, 2017, the Defendant was held at the Urban Planning Committee, but the deliberation on the instant application was rejected on the ground that “the plan for the improvement of landscape taking into account surrounding environments was not established.”

3) According to the results of deliberation by the above Urban Planning Committee, on February 2, 2017, the Defendant shall notify the Plaintiffs of the rejection of the instant application due to the following reasons (hereinafter “instant disposition”).

[Disposition] [Grounds for Non-permission] [Attachment]: The result of the holding of the Posito Urban Planning Committee (the result of the holding of the 2nd session of the 2nd session on January 19, 2017) - The result of deliberation is rejected as a result of the holding of the Posito City Urban Planning Committee (the result of the holding of the 2nd session of the 2017 Urban Planning Committee): The failure to supplement the decision of the Urban Planning Committee - the failure to review the matters to be decided by the Urban Planning Committee - the fact that there is no dispute as to the basis

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