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(영문) 대전고등법원 2021.02.05 2020누11143
개발행위불허가 취소
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 the purport of the appeal shall be the first instance.

Reasons

1. Facts of recognition;

A. On July 2018, the Plaintiff filed an application for permission for development activities (hereinafter referred to as “instant application”) with the Defendant on the ground of 6,172 square meters (i.e., 5,986 square meters on the site for solar power facilities) (i., e., 1,400 square meters on the site for solar power facilities) (hereinafter referred to as “instant application”) (No. 2) (hereinafter referred to as “instant application”). The Defendant did not undergo consultation procedures with the relevant departments on the instant application, and did not submit an application for permission to the Plaintiff on August 1, 2018, in accordance with the consultation opinion on the impact of the disaster, pursuant to Article 10 of the National Land Planning and Utilization Act (hereinafter referred to as “the instant application”). The Defendant did not accept the instant application for permission to use the instant 8,000 square meters on the ground of 1,000 square meters on the ground of 5,986 square meters on the ground of the instant application.

① Roads (LidoD) adjacent to the application of this case need to restrict solar energy facilities that are not harmonious in the vicinity to an area important to the landscape that is designated as E's priority landscape management area.

(2) The adequacy of the installation of drainage facilities is unlikely to affect safety due to the increase in the area of the basin of drainage due to development activities.

(3)

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