건축신고 신청에 대한 불허가 처분 취소 청구
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On August 2017, the Plaintiffs filed an application with the Defendant for permission for development activities, permission for diversion of farmland, permission for conversion of mountainous district, and permission for construction of a solar power plant (hereinafter “instant application”) on the ground of the 2,372m2, D forest land, 978m2, E prior to E, 5,942m2, and F, 536m2 (hereinafter “instant application site”).
B. On November 1, 2017, the Defendant requested the Gyeongbuk-do Governor to hold consultation on matters related to the farmland diversion upon the instant application.
Accordingly, on November 22, 2017, the Gyeongbuk-do Governor respondeded to the Defendant’s request for consultation related to farmland diversion on the ground that “the diversion of the relevant farmland is likely to cause the erosion of farmland, such as the chain of connected diversion of farmland, and may impair the agricultural management environment of nearby farmland.”
C. On April 19, 2018, the Defendant gave the Plaintiffs the foregoing.
For reasons such as Paragraph (1), non-permission was granted on the instant application
(hereinafter “instant disposition”) D.
The Plaintiffs, who were dissatisfied with the instant disposition, filed an administrative appeal with the Standing Provincial Administrative Appeals Commission, but was dismissed on July 30, 2018.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 11 through 14, 16, 17 (including each number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiffs’ assertion 1) As a project presented as an alternative to the existing energy generation business, if the requirements required by the relevant laws are met, installation of such facilities should be encouraged. There are a large number of solar power facilities installed in the vicinity of the instant application site, and the environmental impact assessment also accounts for the largest agricultural and forest area among the entire specific use area of the Youngcheon-si. Therefore, even if the instant application is accepted, there is no concern for the Defendant to sleep down farmland. 2)