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(영문) 대전지방법원 2019.08.29 2019구합100119
개발행위허가신청 반려처분 취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 24, 2018, the Plaintiff obtained permission for solar power generation projects with respect to the forest land B in Chungcheongnam-gun (hereinafter “instant application site”) from the Defendant.

B. The Plaintiff filed an application with the Defendant for permission to engage in development activities on June 25, 2018 for the purpose of building a site for solar power infrastructure in the instant application site, but the Defendant rejected the Plaintiff’s application on September 18, 2018 on the ground that “The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) Article 58(1)4 of the National Land Planning and Utilization Act and attached Table 1-2 of the Enforcement Decree of the same Act do not conform to the criteria for permission to engage in development activities pursuant to Article 56(1) [Attachment 1-2] of the Enforcement Decree of the same Act. - The Plaintiff’s application was rejected on the ground that the site location of the instant application site (i.e

(C) The Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Chungcheong-do Administrative Appeals Commission. However, the Chungcheong-do Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on December 20, 2018. [Grounds for recognition] The Plaintiff did not dispute, and written evidence Nos. 1 through 3 and 12 (including a serial number if there is a serial number; hereinafter the same shall apply).

- The purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case is unlawful on the following grounds.

1) Although the Defendant had been required to supplement the Plaintiff pursuant to the Civil Petitions Treatment Act before rendering the instant disposition, it immediately rendered the instant disposition without going through such procedures. (2) The instant application satisfies the requirements of the Defendant’s Gun Planning Ordinance or the Guideline for the Operation of Development Activities, and there is no risk of damaging natural topography and landscape, and there is no problem in the safety of stone axis.

However, since the defendant pointed out that the locational location of the defendant is vague, it is erroneous that it is a fact-finding or abused discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. Determination 1 Civil Petitions Treatment Act

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