The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On September 3, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities (including changing land form and quality) with respect to installation of solar power facilities of 4,944 square meters of the applied area on the ground (hereinafter “instant application site”).

(hereinafter referred to as the “instant application”). (b)

The Defendant filed the instant application for deliberation by the Urban Planning Committee in order to refer it to the Si/Gu/Eup, and the said Committee rejected the instant application on September 23, 2019 on the ground that “The previous Ordinance of the Si/Gu/Eup (amended by Ordinance No. 1698, Mar. 10, 2020; hereinafter referred to as the “instant Ordinance”) was inconsistent with the criteria for permission for development activities under Article 22-2 of the Ordinance (village and ensuring distance).”

C. Accordingly, the Defendant, on October 4, 2019, rejected the instant application for the following reasons, reflecting the details of the deliberation as above, to the Plaintiff.

(hereinafter referred to as “instant disapproval disposition”. According to Article 22-2(1)2 of the instant Ordinance amended as of July 6, 2018, Article 22-2(1)2 of the instant Ordinance, development activities for the installation of solar power infrastructure shall be limited to cases where the maximum distance of 100 meters is within 10 meters from the cadastral boundary of the village where at least 10 households are located (Provided, That even if a developer is one or several persons, where the area of a project site connected or adjacent to a facility is 5,00 square meters or more, the shortest distance is 300 meters) means a space where the building is to be resolved regardless of the type, legality, and the site for solar power infrastructure is not entered when considering the site for solar power infrastructure in the village where many people reside, it shall be deemed a separate village even if one village is located.

As a result of on-site verification, B, and one parcel (the site of this case), which is a site for permission for development of solar power infrastructure, filed by Ear, are located in C village at a distance of about five meters in the vicinity.