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(영문) 의정부지방법원 2018.11.20 2017구합11829

개발행위불허가처분 취소청구

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1. The Defendant’s revocation of a provisional disposition on August 17, 2016, which rejected the Plaintiff’s development activities.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Details of the disposition

On October 29, 2014, the Plaintiff obtained permission from the Minister of Trade, Industry and Energy for a C business with the content that the business area is Pocheon-si Bro, the original power type is a new regeneration ( biomass, Bio-SRF), the preparatory period from the date of permission to October 2016, and the preparatory period for the business is extended on September 20, 2016 to the date of October 2018. The period of business preparation is extended on September 20, 2016. The Plaintiff obtained permission to change the name of the original power type into a wood-based biomass (hereinafter referred to as the “instant business”), and the power plant is referred to as the “instant power plant” (hereinafter referred to as the “instant power plant”).

(2) On April 20, 2016, the Plaintiff: (a) on April 20, 2016, the Defendant: (b) 5,297 square meters of D forest land; (c) 1,693 square meters of E forest land; (d) 2,312 square meters of F forest land; and (e) 16,435 square meters of G forest land (hereinafter “instant site”).

2) The Plaintiff filed an application for permission to engage in development activities (hereinafter referred to as “instant application”) (hereinafter referred to as “instant application”).

On April 27, 2016, the Defendant issued a supplementary notice on the following complementary matters.

- Boysa -

(a) In the case of this site, the cancellation of permission for the existing permitted matters and the restoration of mountainous district shall be carried out as the place where the establishment of factory is approved (it may be exempted from the duty of restoration when permission for mountainous district conversion is granted under this Act or other Acts);

(b) A new renewable energy project is implemented on the project plan, and a Class 1 through 4 business establishment under relevant Acts, such as the Clean Air Conservation Act and the Water Quality and Aquatic Ecosystem Conservation Act, is not permitted pursuant to Article 12 (10) of the Enforcement Decree of the Management of Mountainous Districts Act in a forest-use mountainous district, and therefore, a supporting document to examine the environmental law, such as treatment

(c) Attachment of earth and sand statements;

(d) Attachment of evidential documents to verify the appropriateness of the installation capacity of the power plant;

(e) Omission of the transferee of the right and duty of road occupancy;

F. On June 20, 2016, the Plaintiff withdrawn the instant application on June 20, 2016, and the same content as the Defendant on July 27, 2016.