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. For the purpose of constructing solar power generation facilities on the ground (hereinafter “instant forest”) on the land of 32,105 square meters of forest land B in Jincheon-gun, Jincheon-gun (hereinafter “the instant forest”), the Plaintiff was licensed to engage in the electric power generation business on June 25, 2018 by the Chungcheongbuk-do Governor.
B. On July 19, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the instant project with respect to 19,500 square meters among the instant forest land (hereinafter “instant application”), and the part subject to the instant application among the forest land was referred to as “the instant application site”). On July 19, 2018, the Defendant requested the relevant agencies or departments to present their opinions on the small-scale environmental impact assessment report on the instant project and the prior examination of factors influencing disasters submitted by the Plaintiff.
C. Accordingly, on August 17, 2018, the chief of the Safety Construction Division under the Defendant presented the Plaintiff’s opinion on the review of factors influencing the ground and surface disasters caused by the instant project on the ground of the instant application site. On October 2, 2018, the head of the Geum River basin basin environmental office also notified the Defendant of the results of the consultation on small environmental impact assessment that “The ridge line of the instant application site should be excluded from the project site or to preserve the original form thereof,” and the Defendant sent the results of each of the above review to the Plaintiff on October 2, 2018.
After that, the plaintiff reflects the results of the small environmental impact assessment and the prior examination of factors influencing disasters to the defendant on October 2018, "Notice of Results of the Reflection of Contents of Small Environmental Impact Assessment (Evidence A No. 8)" and "the results of prior examination of factors influencing disasters around November 2018"; or