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(영문) 춘천지방법원강릉지원 2019.10.31 2019구합30080

개발행위불허가처분취소

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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 May 23, 2018, the Plaintiffs obtained a license for the electric generation business for solar power generation for solar power generation from the Defendant on the basis of the facility capacity 997.92kW with respect to Gangwon-gun C.

B. Since then, the Plaintiffs filed an application with the Defendant for permission to engage in development activities for the installation of solar power infrastructure with respect to 23,94 square meters (hereinafter “instant project site”) among the above C Forest 91,537 square meters (hereinafter “instant project site”).

(hereinafter referred to as “instant application”). C.

On October 10, 2018, the Defendant rendered a review of relevant regulations and consultation with relevant departments to the Plaintiffs, which rejected the Plaintiffs’ application of this case for the following reasons:

(2) According to Article 58(1)4 of the National Land Planning and Utilization Act, a development act can be permitted only when it is in harmony with the surrounding environment or landscape by determining the land utilization status or land use plan, gradient of land, water drainage, status of trees, etc. in the surrounding area. However, an excessive change in topography is anticipated due to cutting (215,62 cubic meters), banking (21,744 cubic meters), and banking (21,74 cubic meters) under the project plan. The excellent water generated within the project site was planned to be adjacent to the D site without separate connection with the external distribution facility, and it is likely that the final drainage district is likely to cause damage due to soil erosion due to the loss of function as a drainage due to the inflow of earth and sand flow, which is unpredictable, by making an application for permission for development activities. A large-scale forest damage plan, including D and EF, is not established for the purpose project to secure 10,000 square meters adjacent to the project site without inducement.