개발행위불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 23, 2018, the Plaintiff obtained permission for the electric generation business for solar power generation for solar power generation with the facility capacity of 997.92kW from the Defendant with respect to the Gangwon-gun B.
B. Since then, the Plaintiff filed an application with the Defendant for permission to engage in development activities for installation of solar power infrastructure with respect to 12,730 square meters of the above B forest No. 63,174 square meters (hereinafter “instant project site”).
(hereinafter referred to as “instant application”). C.
On October 10, 2018, the Defendant rendered a disposition not to permit the Plaintiff’s instant application for development on the following grounds as a result of review of relevant regulations and consultation with relevant departments:
(2) According to Article 58(1)4 of the National Land Planning and Utilization Act, the term “instant disposition” (hereinafter “instant disposition”). The instant case is merely a matter for which permission for development activities is applied for for for the construction of solar power plants. According to Article 58(1)4 of the National Land Planning and Utilization Act, development activities can be permitted only when they harmonize with surrounding environment or landscape by determining the actual use of the surrounding area, land use plan, gradient, water drainage, and flood condition, etc. However, excessive changes in topography due to cutting (32,619 cubic meters), banking (3,236 cubic meters), etc. on the project plan are anticipated, and the outstanding water generated in the project site is planned for a single place without separate guidance for distribution with external drainage facilities, and thus, it is highly likely that the final drainage district will be damaged by soil erosion due to the loss of functions due to drainage caused by the flow of soil at the time of rain, which is difficult, and there is a concern that the project cost may be destroyed by 100% of the A’s total target project cost is not established.