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(영문) 청주지방법원 2018.02.22 2017구합768
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On November 8, 2016, the Plaintiff obtained permission from the Chungcheongbuk-do Governor to install solar power generation facilities (hereinafter referred to as “instant facilities”) on the 2,961.7 square meters (hereinafter referred to as “the instant application site”) in Jincheon-gun, Jincheon-gun (hereinafter referred to as “C”), a production management area, and filed an application for permission to engage in development activities for building sites of the instant facilities with the Defendant on December 9, 2016.

B. On March 13, 2017, the Jincheon-gun Gun Planning Committee rejected the Plaintiff’s application on the ground that “the instant application site is inappropriate as solar power infrastructure due to development not in harmony with the surrounding environment, and is located within the distance from village and road under the former Guidelines for Operation of Permission for Development Activities of Jincheon-gun (amended by the Rules No. 30, Jul. 31, 2017; hereinafter “instant guidelines”).” Accordingly, the Defendant rendered a disposition not to permit development activities against the Plaintiff on March 16, 2017.

C. Meanwhile, the instant application is located within 200 meters from the road and 300 meters from the densely concentrated residential area. The amendment was made to the effect that “not located within 200 meters from the road, tourist destination, etc.” and “not located within 300 meters from the densely concentrated residential area (based on the nearest housing standard)” and “not located within 200 meters from the residential area under 10 shall not be located within the 200-meter,” and that “in the case of a residential area under 10, within the 200-meter, within the 200-meter radius” under Article 4(1)1 and 2 of the former Guidelines on Operation of the Permission for Development of Jincheon-gun (based on the Rules No. 30 of July 31, 2017, the Plaintiff again applied for the instant permission for development activities to the Defendant on August 8, 2017 (based on the nearest housing).”

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