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(영문) 대구고등법원 2019.11.15 2019누3064
건축신고 신청에 대한 불허가 처분 취소 청구
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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. Details of the disposition;

A. On August 23, 2017, the Plaintiffs: (a) filed an application for permission for development activities, an application for permission for conversion of farmland, and a report on construction including an application for permission for conversion of farmland, with the Defendant on August 23, 2017, in order to newly construct a power plant (electric room) for solar power generation projects on the land of 978§³ in Yeongdeungpo-si, C, 2,372§³, E preceding 5,942§³, and F, 536§³ (hereinafter “instant application site”).

B. On November 1, 2017, the Defendant requested the Gyeongbuk-do Governor to consult on matters related to the farmland diversion under the building report pursuant to Articles 14(2) and 11(6) of the Building Act.

Accordingly, on November 22, 2017, the Gyeongbuk-do Governor respondeded to the Defendant’s request for consultation related to farmland diversion on the ground that “the diversion of the relevant farmland is likely to cause the erosion of farmland, such as the chain of connected diversion of farmland, and may impair the agricultural management environment of nearby farmland.”

C. On April 19, 2018, the Defendant gave the Plaintiffs the foregoing.

For the same reason, non-permission was made to the effect that the above building report is not accepted (hereinafter “instant disposition”). D.

The Plaintiffs, who were dissatisfied with the instant disposition, filed an administrative appeal with the Standing Provincial Administrative Appeals Commission, but was dismissed on July 30, 2018.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 11 through 14, 16, 17 (including each number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiffs’ claim 1 solar power generation business is presented as an alternative to the existing energy generation business, and if the requirements required by the relevant laws are met, the installation should be encouraged. In the vicinity of the instant application site, a large number of solar power generation facilities are already installed in the vicinity of the instant application site, and the environmental impact assessment also accounts for the largest agricultural and forest area among the entire specific use area in the Youngcheon-si. Therefore, the instant

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