The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. B applied for an electricity generation business license for solar power generation on April 28, 2017 at approximately 3,855 square meters of land C, D, and the Defendant issued a disposition of electric generation business license to B on November 22, 2017.

B. On January 24, 2018, B filed an application for development activities for the creation of a site for solar power generation business with approximately KRW 4,101 square meters on E, F, C, and D ground (hereinafter “instant project site”) and the Defendant issued a disposition of development activities to B on May 21, 2018, following two additional notification procedures.

(hereinafter referred to as “each of the instant dispositions”) by combining the disposition of permission for the electricity generation business and the disposition of permission for development activities.

On September 28, 2018, the Plaintiff filed a civil petition with the Defendant stating that “The permission for solar energy development projects conducted without the Plaintiff’s consent cannot be recognized, and immediately request the suspension of the relevant construction.”

Accordingly, on October 2, 2018, the Defendant issued a disposition to request the suspension of construction works to B, and to submit the details of the measures and plans for the civil petition. On October 10, 2018, the Defendant sent a civil petition reply with the details of the measures to the Plaintiff.

On November 23, 2018, the Defendant sent a reply to the Plaintiff on the Plaintiff’s civil petition with the purport that “it is difficult to judge by an administrative agency regarding compensation for excess damages, it is planned to use the right road to resolve the damage related to the access road through consultation among individuals, and to promote construction by using the right road in order to minimize damage related to the access road, and to take measures to ensure that construction will be commenced again by taking measures to enable it to work only by excluding banking operations in relation to the prevention

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, 7, 8, Gap evidence 13-15, the purport of the whole pleadings

2. Each disposition of the Plaintiff’s assertion violates the provision on the distance restriction from residence according to the Urban Planning Ordinance of Macheon City, and ② The Plaintiff’s land without permission is solar power plant.