logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원(청주) 2020.10.28 2019누2313
개발행위허가신청 불허가처분 취소청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted to the court of first instance is added to the evidence

Therefore, the reasoning of the judgment of this court is as follows, except for the addition of the judgment as to the assertion added by this court or by the plaintiff, and thus, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is cited including summary language pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

4 Since it is 20.3 degrees 16 parallel, “B” is 17.5 degrees 17.0 parallel.

As seen earlier, “(1)” is included in “(1) 6,” the average gradient of the instant application area is 17.5 degrees, and 38.15% of slopes over 20 degrees, among them, includes 38.15% of slopes over 20 degrees.”

9-3 to 7 parallels "(3)" shall be written in the following manner:

Article 18-2(3) [Attachment 3-2] subparag. 2(a) of the former Enforcement Decree of the Mountainous Districts Management Act (wholly amended by Presidential Decree No. 29329, Dec. 4, 2018) that applies to the instant application site at the time of the instant disposition pursuant to Article 2 of the Addenda of the Enforcement Decree of the Mountainous Districts Management Act (amended by Presidential Decree No. 29329, Dec. 4, 2018) provides that “where a person intends to temporarily use a mountainous district for solar power generation facilities, the average slope level of the relevant mountainous district shall be 25 degrees.” Accordingly, the instant application does not contravene the standards prescribed by the former Enforcement Decree of the Mountainous Districts Management Act. However, the attached Table 3-2 provides that “in the case of temporary use of a mountainous district for solar power generation facilities, the average slope level of the relevant mountainous district shall be 15 degrees”, thereby strengthening the relevant requirements for steep slope facilities in the relevant solar power plant.

arrow