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(영문) 대구지방법원 2020.02.12 2019구합554
개발행위허가신청 반려처분취소
Text

1. The Defendant’s disposition of denial of permission for development activities rendered on February 26, 2019 to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On October 2018, the Plaintiff obtained a building permit from the Defendant to construct a total of 8 animals and plants-related facilities (a mushroom cultivation company) with a total floor area of 2,401.28 square meters (hereinafter “instant building”) of light steel structure and a total of 2,401.28 square meters in total on the 6,931 square meters (hereinafter “the instant application site”) in Gyeongcheon-do Kimcheon-do, Kimcheon-si, Kimcheon-do (hereinafter “instant application site”), and thereafter completed the said building and obtained approval for use from the Defendant.

B. On February 7, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power infrastructure on the roof of the instant building.

(hereinafter “instant application”)

C. On February 26, 2019, the Defendant rendered a disposition of denying the instant application on the following grounds to the Plaintiff, following consultation by the urban planning subcommittee in Kimcheon-si.

(hereinafter “instant Disposition”) 1) National Land Planning and Utilization Act (hereinafter “National Land Planning Act”)

(2) In light of the purpose and purpose of the amendment of the Ordinance of this case (hereinafter “instant Ordinance”) pursuant to Article 27(2) of the Urban Planning Ordinance of Kimcheon-si (Standards for Permission for Development Acts), the use of surrounding land and the landscape of the surrounding area shall be considered and determined to be contrary to the purpose and purpose of the amendment of the Ordinance of this case (hereinafter “instant Ordinance”), and in accordance with Article 27(2) of the said Ordinance, the project plan and the two distance criteria are inconsistent with the project plan and the two distance standards - the solar power infrastructure is not located within 300 meters in a straight line, not located within 10 meters in all roads over two lanes or more in a straight line, in consideration of the surrounding use of land and landscape of the surrounding areas pursuant to Article 27(2).

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