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(영문) 광주지방법원 2017.06.22 2016구합11902
개발행위불허가처분취소
Text

1. The Defendant’s disposition of denying each of the development activities against the Plaintiffs on September 30, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiffs (hereinafter referred to as “limited liability company”) filed an application with the Defendant for permission for the electric generation business for solar power generation business for the following solar power generation business, and the Defendant was all permitted on January 20, 2015.

original type of business, the scale of the place of the business, the scale of the business, and the Dolle-gun, the Dolle-gun, the Dolle-gun, the Dolle-gun, the 164-2, the Dolle-gun, the Dolle-gun, the Dolle-gun, the Dolle-gun, the Dolle-gun, the 157, the Dolle-gun, the Dolle-gun, the Dolle-gun, the Dolle-gun, the Dolle-gun, the Dolle-gun, the Dolle-gun, the Dolle-gun, the Dolle-gun, the Dolle-gun,

B. The Plaintiffs filed an application for permission to engage in development activities and a non-permission disposition 1) The Plaintiffs filed an application for each of the instant applications filed in August 2015 for permission to engage in development activities to install solar power infrastructure (hereinafter “each of the instant applications”).

A) According to Article 5 of the Guidelines for Operation of Permission for Development Activities of the Circuit-gun (Rules No. 2 of the Circuit-gun), power production facilities shall not be located within 500 meters from the main roads (national roads, local roads, and Gun roads) and shall not be located within 500 meters in a straight line from village areas, and in the case of a village area under 10 or more, within 250 meters, it shall not be located within 10 meters in a straight line. Article 9 of the Guidelines for Operation of Permission for Development Activities of the Pacific-gun is subject to prior deliberation by the Military Planning Committee as to Article 5 of the Guidelines. It is necessary to preserve farmland and preserve its original form in accordance with the criteria for permission for development activities under Article 56(1) of the Enforcement Decree of the National Land Planning and Utilization Act. It damages the natural landscape and aesthetic view around a structure due to development activities, and its height, form, color, and color.

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