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(영문) 창원지방법원 2020.05.14 2019구합53059
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On November 29, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for installation of solar power infrastructure (land form and quality alteration) and permission to engage in mountainous district conversion deemed permission for development activities, with respect to the land of 9,827 square meters among the land of Hanam-gun B, C, and D three parcels (hereinafter “instant application site”).

1) Fluort cause - The distribution of trees in the vicinity of the filing site and the filing site is a good forest, which has high conservation value as a mountainous district. The excessive damage of mountainous districts and potential divings due to solar power infrastructure - The green axis of a mountainous district is cut due to this project. Some steep slopes include a steep slope, which may cause natural disasters, such as earth and sand outflow and landslides, due to damage to mountainous districts, and the deterioration of water quality and inflow rate of lower reservoir reservoir due to the deterioration of flood, etc., and which may cause inconvenience in farming of farmland. - Article 58(1) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) of the Act on the ground that land utilization conditions or land use plan, height of buildings, gradient, trees, water flow, water drainage, landscape, surrounding facilities, etc. are likely to be excessive, considering the nature of the purpose of use of the mountainous district, landscape, surrounding facilities, etc., and there is a concern that the surrounding forest is being concentrated into the surrounding forest and surrounding forest ecosystem.

On May 22, 2019, the Defendant rendered a disposition not to permit development activities to the Plaintiff on the following grounds, following deliberation by the Hab Gun Planning Committee.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap 1 through 4, Eul 1, 2, the entire purport of the pleading

2. Whether the disposition of this case is legitimate;

A. The plaintiff's assertion is as follows.

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