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(영문) 광주지방법원 2019.10.17 2018구합982
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On February 2, 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities to install solar power infrastructure on the ground (hereinafter “instant application site”).

B. Upon deliberation by the Gun Planning Committee, on October 11, 2018, the Defendant notified the Plaintiffs of the rejection of permission for development activities (hereinafter “instant disposition”) on the following grounds.

He shall inform you of the results of deliberation by the Gun Planning Committee, such as attachment of a civil petition for permission to engage in development activities with respect to your own territory C and D, and shall notify you of nonpermission due to the following reasons in accordance with Article 57 of the National Land Planning and Utilization Act and Article 27 of the Civil Petitions Treatment Act.

-I - At least 70 per cent of the target area - At least 70 per cent of the target area is vulnerable to natural disasters, such as steep slopess, landslide risk levels 1,2 and heavy rains, which are inappropriate for the location of solar power infrastructure, whose conservation value is high as high as excellent forest resources with excellent forest prices, and the possibility of spreading a chain chain store due to development, etc., as well as likely to damage natural landscape and aesthetic view, is also highly high as the location of road roadsides of major tourist destinations in Yanananan-gun.

The action [based on recognition] has no dispute, entry of Gap evidence 2, the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiffs alleged that the instant disposition was a deviation or abuse of discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. (1) Determination is based on the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Article 56, Article 57 provides procedures for permission for development activities, and Article 58 provides standards for permission for development activities in paragraph 1, and Article 58 delegates the establishment of specific standards to Presidential Decree in paragraph 3.

Such permission for development activities is prohibited

There are many parts of the criteria for permission, standards, etc. as indefinite concepts, and the requirements and standards are required.

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