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(영문) 전주지방법원 2019.05.01 2018구합1869

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 August 24, 2017, Plaintiff A obtained permission for the electric generation business for solar power generation from the Defendant on D (this parcel number: D); Plaintiff B from the Defendant on August 24, 2017 on E (this parcel number: D); Plaintiff C obtained from the Defendant on August 24, 2017 on the F, G (this lot number: H, and D) from the Defendant on August 24, 2017, and respectively, on the electric generation business for solar power generation.

B. On May 11, 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities to create a site for solar power infrastructure and to install structures (hereinafter referred to as “instant application”) with respect to the land of 209 square meters of H209 square meters and 3,769 square meters of Dasan-si (hereinafter “instant forest”). However, on June 5, 2018, the Defendant rendered a non-permission disposition against the Plaintiffs on the following grounds: < Amended by Act No. 15302, Jun. 5, 2018>

(hereinafter “instant disposition”). 3. Grounds for non-permission

(a) The provisions of Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act shall apply;

(b) According to the operation guidelines for permission for development activities (Ordinance of the Ministry of Land, Infrastructure and Transport No. 524, May 8, 2015), according to the attached Table 3, the use status or land utilization plan of surrounding areas, the gradient of land, the state of trees, etc., or the surrounding environment or landscape, should be harmonized with the surrounding environment or landscape, and the green axis is not cut due to development activities, but at the time of the installation of solar power infrastructure, the green axis is cut off;

(c) Damage to the natural environment and degradation of the public functions of neighboring mountainous districts due to difficult development, as an area worthy of conservation of the primary natural environment because the place of application for permission for development activities belongs to a preserved mountainous district or a mountainous district for forestry use under the Mountainous Districts Management Act;

(d) Public interests in the conservation of the natural environment shall take precedence over those arising from development activities, considering the damage to the natural environment, the ripple effect on the surrounding area, the risk of disasters, etc.