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 from the Defendant a license for the electric generation business for solar power generation for solar power generation with the facility capacity of 997.92kW with respect to the Gangwon-gun, Gangwon-gun, as the trade name “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 14,810 square meters of 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 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:
(hereinafter referred to as “instant disposition.” This case’s non-permission (hereinafter referred to as the “instant disposition”). 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 condition of surrounding areas, land use plan, gradient, water drainage, status of trees, etc., but it is anticipated that an excessive change in topography due to cutting (36,344 cubic meters), banking (30,619 cubic meters), etc. on the project plan is likely to occur, and the final drainage district is located adjacent to the D site that is filed without the plan to divide the outstanding water generated in the project site into outside drainage facilities, and that the final drainage district is likely to suffer damage from the outflow of soil caused by the loss of functions due to the outflow of drainage caused by the inflow of earth and sand in the unpredictable city, which is unpredictable. However, an application for development activities should be formulated with an average of at least 40% of the area subject to investigation, including the gradient of D, EF (88,87 4%).