logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.04.03 2018구합996
개발행위허가신청 불허가처분취소
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 March 29, 2017, the Plaintiff completed the registration of transfer of ownership based on sale with respect to B 841.9 square meters and C 2,738.1 square meters (hereinafter “instant application site”).

B. On July 18, 2017, the Plaintiff obtained permission for the electric generation business for solar power generation for solar power generation from the Governor of Jeollabuk-do with the facility capacity of 290.40kW with respect to Dosan-si B and C.

C. On August 11, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the creation of a site for solar power infrastructure and the installation of structures with respect to the instant application site (hereinafter “instant application site”). However, on September 29, 2017, the Defendant rendered a non-permission disposition against the Plaintiff on the following grounds:

(hereinafter “instant disposition”). 1. Grounds for non-permission: Non-permission of the farmland diversion;

(a) The site for which the application is filed is not in conformity with the criteria under Article 33(1)4 of the Enforcement Decree of the Farmland Act;

The purpose of the Farmland Act is to contribute to the strengthening of agricultural competitiveness, the balanced development of the national economy and the preservation of national land based on the stabilization of farmers' management and the improvement of agricultural productivity through the efficient utilization and management of farmland by prescribing matters necessary for ownership, utilization, preservation, etc. of farmland (No. 1 of the Farmland

(c)farmland is the foundation necessary for supplying food to the people and preserving the national environment, and is a limited valuable resource that affects the harmonious development of agriculture and the national economy, so it must be preserved and properly managed for public welfare, and the exercise of the rights to farmland shall comply with necessary restrictions and obligations, and farmland shall be owned and used in a way that enhances agricultural productivity and shall not be subject to speculation (Article 3 of the Farmland Act);

D. In the event that farmland is diverted for the foregoing reasons, the grouping of farmland resulting from the chainal diversion of nearby farmland takes into account the surrounding conditions.

arrow