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(영문) 대구고등법원 2021.03.26 2020누3046
개발행위불허가처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Details of the disposition;

A. On September 7, 2018, the Plaintiff obtained from the Defendant a license for the electric generation business regarding solar power generation business (hereinafter “instant project”) with respect to electric installations for the electricity business, the capacity of which is 997.92 km and the installation area of which is 1,980 square meters, on the land for permanent residence B orchard 2,58 square meters (hereinafter “the instant application site”).

B. On December 11, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power facilities on the entire land size of the instant application site and 482 square meters among them (hereinafter “instant application”). On December 1, 2018, the Plaintiff is in harmony with the surrounding environment or landscape, such as the land use status or land use plan, gradient, trees, water flow, water flow, drainage of river, lake, marsh, wetlands, etc. in the surrounding areas, pursuant to Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act for permission to engage in development activities (hereinafter “instant application”).

2. The project site is adjacent to approximately 220 meters in a neighboring village district and about 810 meters in a local highway E-road. The surrounding area of the project site requires passive development as a production management area, which is a reservation purpose under the National Land Planning Act, and is formed into forests and farmland suitable for fruit trees, and thus, is in harmony with the surrounding environment and landscape due to the project such as the land utilization condition or the land utilization plan in the surrounding area.

On March 8, 2019, the Permanent Resident Planning Committee deliberated on the instant application and rejected it for the following reasons.

(b) the Urban Planning Committee on the grounds of non-permission (1).

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