1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On August 10, 2016, the Plaintiff obtained permission from the Defendant for solar power generation projects at the Seosan-si B Japanese Won.

On March 31, 2017, the Plaintiff filed an application for permission for development activities with the Defendant to install solar power facilities (a total of 20,613 square meters; hereinafter “instant application site”) by changing the form and quality of land to the 19,720 square meters among 23,189 square meters in Seosan-si B forest and B, Seosan-si, and 893 square meters (a total of 20,613 square meters; hereinafter “instant application site”).

(hereinafter “instant application”). On September 5, 2017, the Defendant requested the Urban Planning Deliberation Committee to deliberate on the instant application, and the Urban Planning Deliberation Committee deliberated on and rejected the instant application on the same day.

On September 13, 2017, the Defendant rendered a disposition of denying the instant application pursuant to Articles 58 and 59 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56 of the Enforcement Decree of the same Act on the following grounds:

(hereinafter “instant disposition”. The instant application is a Class 2 area with very excellent and highly gradient, which requires the conservation and development of the natural environment, and needs to minimize damage caused by the natural environment. In light of its negative impact, such as damage to natural landscape and scenery caused by solar power generation facilities, and infringement of residents’ residential environment, etc., the Defendant shall notify non-permission of the instant disposition [based on recognition] because it does not comply with the standards for permission for development activities under Articles 58, 59 (Standards for Permission for Development Acts, etc.), 56 [Attachment 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act, and notification [based on recognition] of non-permission of the disposition, as it does not conflict with the standards for permission for development activities under Article 58 (Criteria for Permission for Development Acts, etc.) and Article 56 [Attachment 1-2] of the Enforcement Decree of the same Act, Gap, 2, 4, 5, Eul evidence No. 1 through 3, the purport of the entire pleadings, the purport of the Plaintiff’s procedural administrative disposition in question.