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(영문) 춘천지방법원강릉지원 2019.10.31 2019구합30035

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 25,504 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 11, 2018, the Defendant rendered a disposition not to allow the Plaintiffs to file the 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, a development act can be permitted only when it is in harmony with surrounding environment or landscape after considering the land use status or land use plan, gradient, water drainage, status of trees, etc., in the surrounding area. However, an excessive change in topography due to cutting (210,590 cubic meters), banking (7,886 cubic meters), etc. on the project plan is anticipated to occur. The excellent water generated in the project site is planned to be adjacent to the D site without separate connection with the outside drainage facilities, and it is likely that the final drainage district is likely to cause damage due to soil erosion due to the loss of functions due to drainage due to the inflow of sand, which could not be predicted because of the plan for the construction of solar power plants and the construction of access roads, and there is a large scale of damage (8,870 m20 m20 m20 m20 m200 m200 m2).