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(영문) 대구지방법원 2021.01.14 2020구합23973
개발행위불허가처분취소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. On July 12, 2019, the Plaintiffs obtained permission for each solar power generation project (hereinafter “instant project”) in which the Defendant’s place of installation from the Defendant is 6,767 square meters prior to JJ in permanent residence and 11,446 square meters in K orchard (hereinafter “instant land”).

B. On March 2, 2020, for the installation of solar power infrastructure, the Plaintiffs filed an application with the Defendant for permission to engage in development activities including changing the form and quality of land of 9,553 square meters (hereinafter “the instant application site”) among the instant land and the installation of structures (hereinafter “instant application”). 1. To grant permission for development activities, pursuant to Article 58 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56 of the Enforcement Decree of the same Act (Attached Table 1-2), the land use status or land use plan of neighboring areas, gradient of land, trees status, water flow, water drainage, drainage of lake and marsh wetlands, etc., should be in harmony with surrounding environment or landscape, such as the surrounding environment or landscape, pursuant to the provisions of attached Table 1-2;

2. Authorization is located in the vicinity of the area subject to the project, and there is a possibility of some view in the Gun road. 3. The internal road plan for the management of sun-dried chains is inappropriate, and the access road, etc. is not clear at the time of division according to each of the project undertakers thereafter, and the integrated project plan is inappropriate. 4. When the instant application site is developed, the surrounding environment, scenery, scenery, etc. may be considerably polluted or damaged, and as there is concerns over the occurrence of objection to the installation of solar power infrastructure, and overcoming land, etc., the adequate site for solar power infrastructure cannot be seen as a site for the solar power infrastructure.

On April 24, 2020, the Urban Planning Committee of Permanent Residential City (as a result of the deliberation on the instant application, rejected the application for the following reasons:

- Grounds for non-permission - Results of deliberation by the Urban Planning Committee: Decision (the same as attached) and other matters - K at permanent residence shall aim to create excellent farmland in November 2018.

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