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(영문) 창원지방법원 2020.02.13 2019구합51817

개발행위불허가통보취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On July 23, 2018, the Plaintiff obtained each power generation business license (Csolar power plant, Dsolar power plant) with the amount of power generation as a business site from the Defendant, which set the amount of power generation as 97.56 km.

B. On July 27, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power facilities (land form and quality alteration) on a 26,419 square meters (see, e.g., the relevant forest; hereinafter referred to as “instant application site”) among B forest No. 66,744 square meters.

C. On February 22, 2019, the Defendant rendered a disposition rejecting development activities on the following grounds to the Plaintiff:

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

(a) Nonconformity with the criteria for permission for development activities (Article 58 of the National Land Planning and Utilization Act, Article 56 of the Enforcement Decree of the same Act, and Table 1-2 of the Enforcement Decree) - Mountainous district worthy of conservation as a preserved mountainous district, which is nonconformity with the destruction of the ecosystem and its surrounding areas - which includes at least eight ridge lines of mountain, and the role of ecological corridors, wind control forests, etc. in accordance with the sustainable forest resource management guidelines, etc. - concerns over disturbance of ecosystem due to destruction of the role of ecological corridors, wind control forests, etc. - outside the area where the project is located is likely to cause damage to property, such as the lower field, farming roads, etc. as it is highly likely to seriously damage the natural landscape and aesthetic view surrounding the area at the time of installation of solar power plants at the ridge level - the width of farming roads entering the area, the thickness of which is narrow, and the risk of damage to farming roads at the time of operation of forests and plants due to the destruction and conservation of forests and plants within the range of forests necessary for conservation and conservation (forest).