개발행위불허가처분취소
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 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 24,579 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, the term “instant disposition” (hereinafter “instant disposition”). The instant case is merely a matter for which permission for development activities was applied for for for the construction of solar power infrastructure site. According to Article 58(1)4 of the National Land Planning and Utilization Act, development activities can be permitted only if they are in harmony with surrounding environment or landscape by determining the actual use condition of surrounding areas, land use plan, gradient, water drainage, and flood condition, etc. However, an excessive change is anticipated to occur due to cutting (145,102 cubic meters), banking (20,751 cubic meters), and banking (20,751 cubic meters) on the project plan. The instant case is merely a matter for which the final drainage district is planned to be located within the site without the inducement of distribution to external distribution facilities, and thus, there is a high risk of damage from soil erosion due to the loss of functions due to the flow of sand at the time of an unpredictable centralizedy.