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(영문) 대구지방법원 2019.09.19 2019구합21421
개발행위불허가처분취소
Text

1. The Defendant’s disposition of rejection of an application for permission to engage in development activities against the Plaintiffs on December 20, 2018 is revoked.

2...

Reasons

1. Details of the disposition;

A. On January 9, 2017, the Plaintiffs received permission from the Defendant to generate electric power pertaining to solar power generation projects, each of which is “D land at the permanent domicile of the installation site (hereinafter “instant application site”), facility capacity 99.2kW, and 1,980m2, each of which is “1,980m2.”

B. On July 9, 2018, in order to install solar power infrastructure based on each of the above solar power generation projects, the Plaintiffs filed an application with the Defendant for permission to engage in each of the following development activities on the Plaintiff A’s 2,792 square meters in the instant application site, and with respect to the Plaintiff B’s 2,01 square meters in the Plaintiff’s 2,01 square meters in the instant application form

(hereinafter, each of the above applications is referred to as "the instant application" in entirety.

On August 22, 2018, the Defendant requested the Permanent Residential Planning Committee (hereinafter referred to as the “Committee”) to deliberate on the instant application. On August 22, 2018, the Committee passed a resolution on “Review” as follows.

Accordingly, on August 28, 2018, the defendant notified the plaintiffs of the results of the above deliberation, and required to supplement the application of this case by reflecting the following deliberation opinions:

1. Submission of data related to the matters to be consulted with neighboring residents (data about the project explanation session and data about the present status);

2. It is necessary to confirm whether there is a conflict of relevant laws with the departments related to the project for supporting the over-the-counter FTA

D. The plaintiffs submitted the data upon the above request for supplementation, and the defendant again requested the Committee to re-examine the application of this case.

On September 19, 2018, the Committee again made a re-deliberation decision with the review opinion as follows, and on October 4, 2018, the Defendant notified the Plaintiffs of the above review result, and required to supplement the instant application by reflecting the following review opinion:

Submission of documents for consultation with residents near a project site (within 500m)

E. When the plaintiffs again submit data upon the above request for supplementation, the defendant again requested the Committee to re-examine the instant request, and on October 24, 2018, the Committee passed a resolution on “conditional Adoption” as follows.

2.3.

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