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 February 26, 2018, the Plaintiff obtained a license for an electric power generation business for solar power generation business of 499.96kW on the facility capacity on the 22,787m2 and C field 544m2 (hereinafter “the instant application site”) from the Do governor of Chungcheongnam-gun, Chungcheongnam-do.
B. On August 31, 2018, the Plaintiff filed an application with the Defendant for development activities to change the form and quality of land necessary for solar power generation business regarding the instant application form.
(hereinafter “instant application”). C.
On October 23, 2018, the Defendant rejected the instant application on the following grounds:
(hereinafter “instant disposition”). The purpose of facilitating new and renewable energy to increase greenhouse gas reduction effects by reducing fossil fuels more than ecosystem services, such as carbon dioxide natural absorption in forests, is located at the bottom of valleys on the national highways, and there is no dispute over the risk of disaster caused by water pollution [based on recognition], such as the increase of excellent city outflow coefficient according to the rupture cluster in the valleys on the surface of the damaged natural landscape, and the overall purport of the pleadings.
2. Whether the disposition of this case is legitimate;
A. In light of the following circumstances, the instant disposition alleged by the Plaintiff was unlawful since it abused discretion.
1) The government implements policies to expand the distribution of new renewable energy. The Plaintiff plans to minimize banking and implement construction works in an environmentally friendly method at the time of installing solar power infrastructure. 2) The instant application is an area where the installation of solar power infrastructure is possible, and is not located in an area worthy of protecting scenic views because there is no park, cultural heritage, etc. around it.
In addition, the application of this case is 400 meters or more from the national highways, and most surrounding areas are forests and fields, and there is no concern about damage to the natural environment and fine view.
3) The Plaintiff was planned to install a natural distribution facility and treat the drain, and was equipped with an excellent discharge plan. 4) The Defendant was in the vicinity of the instant application site.