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(영문) 대구지방법원 2016.06.03 2015구합23924

개발행위불허가처분취소

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1. The Defendant’s disposition of denying the Plaintiff’s development activities on August 26, 2015 is revoked.

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

Reasons

1. Details of the disposition;

A. On December 22, 2014, the Plaintiff was granted a license for solar power generation business (hereinafter “instant business”) by setting the place where the Do Governor was installed as the 29,058 square meters among the Dogdog-ri, Ulsan-gun, Ulsan-do, Ulsan-do, Ulsan-do (hereinafter “instant application site”) among the forests and fields 138-4, Ulsan-do.

B. On January 22, 2015, the Plaintiff filed an application for permission for development activities with the content of installation of a structure [solars] and alteration of form and quality of land in accordance with the construction of solar power plants (hereinafter “instant power plant”) in the instant application form with the Defendant.

(hereinafter “instant application for permission”). Permission for development activities in accordance with the construction of solar power plants within 138-4 U.S., Ulsan-do, Ulsan-do, U.S., U.S., U.S., U.S., under the application for a thickness is known to the effect that nonpermission is granted for the following reasons:

It is not reasonable to implement energy production projects by damaging excellent forests, which are carbon sinks, for solar power generation business with low energy density, due to forests where trees grow, which have been excellent in the deliberation by the Seoul Urban Planning Committee pursuant to Article 59 of the National Land Planning and Utilization Act and Article 57 of the Enforcement Decree of the same Act. The growth of forests and fields is good, and the living environment, such as land animals, forms a proper condition, and the forest damage entails destruction of the forest group and the forest ecosystem at the time of forest damage. In general, the feasibility of new regeneration projects is insignificant, and there is concern about the sustainability of the project in the future, and there is concern about the sustainability of the project in the future - need for plans for transmission of transmission lines (high voltage lines) which are important factors in the power generation facilities - Necessary to establish measures for the inundation and damage to farmland in neighboring ditches due to the increase of the surface outflow quantity in excessive form and quality change - need to establish measures for the prevention of excessive damage to forests due to construction damage - at least 3% of safety accidents and at the time of construction.