개발행위불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On October 24, 2017, the Plaintiff obtained a license for the electric generation business to operate solar power generation business (facilities capacity of 99.60 km) from the Gyeongnam-gun, Gyeongnam-gun, Busan-do.
B. On February 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the purpose of changing the form and quality of land to install solar power facilities (hereinafter “instant facilities”) on the instant B forest land No. 16,851 square meters (hereinafter “instant application site”).
(hereinafter “instant application”). C.
On January 28, 2019, the Defendant rejected the instant application against the Plaintiff for the following reasons:
(hereinafter “Disposition.” (1) - Criteria for permission for development activities under Articles 56 and 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) (hereinafter “National Land Planning and Utilization Act”), which are inappropriate for a review of an urban plan (ii) to be in harmony with the surrounding environment or scenery, such as the utilization status of neighboring areas or the land utilization plan, height of buildings, gradient of land, flood trees, water drainage, water drainage of rivers, lakes and marshes, drainage of wetlands, etc.) - risk of disaster and distress and distress development as mountain top - interference with the landscape removal and filling of trees - It shall be ensured that the civil petition may not be filed to the project and reflect the opinions of interested parties, such as residents, etc., but it is insufficient to take measures (two times of submission of opposing opinions) - Consultation about damage to residents’ community consciousness - Permission for conversion of mountainous district under an additional project plan that is adjacent to a site subject to permission for conversion of mountainous district (iii) - Where the land category of a road is directly connected with the road category under Article 16(c).