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(영문) 전주지방법원 2019.07.03 2018구합2169
개발행위허가신청불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Circumstances and details of the disposition;

A. On November 20, 2017, the Plaintiffs were merged into the G of the Jeonbuk-gun, Jeonbuk-gun, and four parcels, both F, and F, and F, and four parcels, respectively, of the former Northern-gun, North Korea, and the former Northern-gun, on February 27, 2018.

(hereinafter “instant application site”) filed a license for solar power generation business with respect to the instant application site, and obtained a license for electric power generation business from the Defendant on December 26, 2017

(hereinafter “License for the instant electric generation business”). (b)

On March 29, 2018, the Plaintiffs filed an application for permission for solar development activities (hereinafter “instant application”) with respect to the instant application for the instant project (hereinafter “instant development activities”) with respect to the installation of structures and alteration of the form and quality of land (hereinafter “instant application”). However, on May 31, 2018, the Defendant rejected all the instant application on the following grounds:

(1) The land for the creation of a site for solar power infrastructure in the west-gun G G is a district where the implementation of a project for the development and expansion of agricultural infrastructure has been completed, and the Guidelines for the Operation of Permission for Development and Expansion of Korea (hereinafter referred to as the “instant Operation Guidelines”).

(2) Article 2 (Transitional Measures) of the Addenda (amended by Act No. 10, Oct. 25, 2017; Rules No. 41) of the Guideline is enforced (amended by Presidential Decree No. 2010, Oct. 25, 2017); and Article 4 (Standards for Permission for Permission for Installation of Multi-Power Facilities) subparagraph 5 of Article 4 (Standards for Permission for Installation of Multi-Power Facilities). Thus, the current provision is applicable to the receipt of guidelines on the base date and the facilities for which authorization has been granted under other Acts and subordinate statutes; and (3) the application for permission for development of the above site for Multi-Power Facilities is subject to non-permission [based on recognition]. There is no dispute, Gap, 1, 2, 4, and 5, evidence No. 2 (including a number of pages; hereinafter the same shall apply).

- The purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Determination on the legitimacy of the instant disposition

A. The Defendant violated the principle of trust of the gist of the Plaintiffs’ assertion at the time of granting the instant power generation business permission.

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