The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. Details of the disposition;

A. On October 2018, the Plaintiff obtained a construction permit from the Defendant to newly construct an animal and plant-related facility (a mushroom cultivation house) with a total floor area of 2,401.28 square meters in light steel structure and a total floor area of 2,401.28 square meters (hereinafter “instant building”).

After completion of the above building, the plaintiff was approved for use.

B. On January 24, 2019, the Plaintiff filed an application with the Defendant for permission to engage in the electricity generation business on or around December 2018 and was issued a power generation permit attached to the criteria for permission.

The conditions attached to the above permit stated that “solar power facilities shall not be located within 300 meters from all roads facing two lanes or more pursuant to Article 27(2) of the Urban Planning Ordinance of Kimcheon-si, and if installed on the roof of an existing building pursuant to Article 27(4) of the same Ordinance, the said standards may not apply.”

C. On February 7, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power infrastructure on the roof of the instant building.

(hereinafter “instant application”) 1) National Land Planning and Utilization Act (hereinafter “National Land Planning Act”)

(2) In light of the purpose and purpose of the amendment of the Ordinance of this case (amended by Presidential Decree No. 2021, Aug. 6, 2018) pursuant to Article 27(2) of the Urban Planning Ordinance of Kimcheon-si (hereinafter “instant Ordinance”), considering the utilization of surrounding land and landscape, the project plan is determined as improper - the actual use status of surrounding areas or land utilization plan of buildings, height of buildings, gradient of land, status of trees, water drainage, etc., or in harmony with surrounding environment or landscape, etc.