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(영문) 의정부지방법원 2019.05.16 2018구합15095
개발행위불허가처분취소
Text

1. The Defendant’s disposition rejecting development activities against the Plaintiff on July 19, 2018 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On April 17, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities with respect to a total of 4,253 square meters among 5,134 square meters in the Gangwon-do Steel-gun, and 4,457 square meters among 5,044 square meters in the previous C, 5,048 square meters, 757 square meters prior to D, and 154 square meters in the previous E, with respect to a total of 9,621 square meters in the same structure as below (hereinafter collectively referred to as “instant land”).

(2) The installation of a building and the installation of a building: The installation of a building and the installation of a building: 4,622.1 square meter, weight: 5.6 tons, the structure of a building: 5.6 tons, the steel structure, the ductal structure, and the ductal structure: 161.8 cubic meters, during the project period for creating a site for new and renewable energy generation for the purpose of developing a new and renewable energy site, the area of which is 9,621 square meters applied for the alteration of land quality, for the purpose of developing

B. On July 19, 2018, the Defendant rendered a disposition to deny the instant development activities to the Plaintiff.

(hereinafter “instant disposition”). The grounds incurred by the Defendant in rendering the instant disposition are ① The instant land is inconsistent with the surrounding conditions and the environment, such as residential environment impairment of local residents due to solar-powered installation (hereinafter “instant ground”), ② National Highway F lines (4 lanes) and Gun roads (2 lanes) that may hinder the safe driving of drivers adjacent to the instant land (hereinafter “Ground 2”), and Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act are inappropriate.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 9, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The grounds that the Defendant’s main point of the Plaintiff’s assertion denied the instant application are based on misunderstanding of facts as follows, and the instant disposition is unlawful and revoked since it deviates from and abused discretionary power.

1 With respect to the 1st reason, the Plaintiff shall establish solar power generation facilities.

On the other hand, the improvement infrastructure used by the neighboring residents is not inferior, and the aging and inferior buildings are not excessively concentrated.

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