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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 November 21, 2019, the Plaintiff was authorized to take over the permission for solar power generation business (hereinafter “instant business”) with the content of the facility capacity of 254.4km and the installation area of 2,735 square meters in a permanent residence of B, 2035 square meters in a trade name, namely, C, on November 21, 2019.
B. On December 19, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities containing 2,735 square meters of land form and quality change and 1,049 square meters of the installation of structures for the installation of solar power infrastructure (hereinafter “instant application”). (i) for permission to engage in development activities pursuant to Article 58 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56 of the Enforcement Decree of the same Act (Attached Table 1-2), the land use status or land use plan of surrounding areas, gradient, flood, water flow, water drainage, drainage of the river, lake and marsh wetlands, etc.; (ii) there is a possibility that water pollution, such as soil pollution, may occur in the site of the project; and (iii) there is no likelihood of damage to the surrounding areas of the project, such as the creation of an access road and its surrounding area due to ecological damage from the site of the project; and (iv) there is an inappropriate risk of damage to the surrounding areas of the project, such as the site of the road and its surrounding area.
C. On January 21, 2020, the Defendant requested for the deliberation of the instant application to the Permanent Resident Planning Committee, and the said Committee rejected the application by the following deliberation.
(d)
On February 7, 2020, the Defendant rendered a disposition to refuse the instant application to the Plaintiff on the same grounds as the opinion of the above deliberation.