개발행위불허가처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On May 11, 2017, the Plaintiff obtained a license for an electric power generation business for solar power generation business with the facility capacity of 499.20kW on the counter B of Changwon-si, Changwon-si, and C orchard 9,097 square meters (hereinafter “instant application site”).
B. On March 7, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the installation of structures necessary for solar power generation projects and alteration of form and quality of land with respect to 8,190 square meters in the instant application site.
(hereinafter “instant application”). C.
On May 25, 2018, the Defendant rejected the instant application on the following grounds:
(hereinafter “instant disposition”). The degree of damage to village natural landscape caused by the installation of solar slids and structures that are likely to cause damage to the living environment of residents in the vicinity of the village due to the filling-up of land and damage to the green zone.
D. On June 1, 2018, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Daegu-do Administrative Appeals Commission. However, on July 24, 2018, the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s appeal.
[Reasons for Recognition] Unsatisfy, Gap 1, 3, 4-9, Eul 5, the whole purport of the pleading
2. Whether the disposition of this case is legitimate;
A. The Plaintiff 1’s assertion that there is no ground for disposal (A) there is no temperature increase to the extent of causing damage to livestock products or crops due to the installation of solar power facilities, and there is no pollution level of surrounding soil and underground water by the nature washing method using rainwater, and there is no problem of light reflector or electromagnetic wave generation.
In addition, noise caused by the installation of solar power facilities is less than 45dB, which is the standard of living noise regulation in the residential area.
B) The instant application forms a solar energy infrastructure that is to be installed in the instant application site, and there is no additional damage to the green belt, and there is no risk of a landslide, and the average slope level is not about 15∑, and there is no risk of natural disaster due to the installation of solar power infrastructure in approximately 15∑. C) The instant application site is a solar energy infrastructure that is to be installed in the instant application site.