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(영문) 대구지방법원 2018.07.05 2017구합24884
개발행위불허가처분취소
Text

1. The Defendant’s disposition of denying the development activities against the Plaintiff on March 23, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On December 6, 2016, the Plaintiff obtained a license for the electric power generation business with the following contents under the trade name “B” from the Defendant.

The content of the business: The facility capacity on the land above 3, 4, 5 (hereinafter collectively referred to as the “instant site”): 9kw: 1,403m2: 1,403m2.

B. The following are applicable to the terms and conditions of permission for the above electricity generation business:

Development activities subject to permission (excluding matters falling under Article 53 of the Enforcement Decree of the National Land Planning and Utilization Act) under the National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning Act"), and separate permission shall be obtained by preparing related documents.

(b) permission is not granted when it does not meet the criteria for permission for development activities;

On January 2017, the Plaintiff filed an application for permission to engage in development activities (hereinafter “instant application”) with the Defendant to install solar power infrastructure (hereinafter “instant power infrastructure”) in the instant application site, to install such solar power infrastructure.

After deliberation by the Urban Planning Committee, on March 23, 2017, the Defendant rendered a disposition rejecting the instant application against the Plaintiff (hereinafter “instant disposition”), and the reasons therefor are as follows.

1) Results of deliberation: 2) On-site review opinion: An application for on-site review result is rejected as it is inappropriate to be the location of solar facilities because it is likely to cause safety accidents and landscape low due to light reflect as adjacent to national highways and level is almost similar.

E. The Plaintiff filed an objection against the instant disposition, but on May 26, 2017, the Civil Petition Conciliation Committee of the race-si dismissed the said objection, and on May 30, 2017, the Defendant notified the Plaintiff of the objection.

F. Although the Plaintiff filed an administrative appeal with the Standing Committee on Administrative Appeals from the Standing Committee, the Standing Committee on Administrative Appeals from the Standing Committee dismissed the said administrative appeal on October 30, 2017.

G. The statutes related to the disposition of this case are as shown in the attached Form.

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