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(영문) 대구지방법원 2019.11.13 2019구합20756
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On May 11, 2018, the Plaintiff filed an application for permission for development activities with the Defendant for installation of solar power facilities of 1,412.64 km in the facility capacity (hereinafter “instant project”) on the land outside B and two parcels (hereinafter “instant application site”).

(hereinafter “instant application”). (b)

On November 23, 2018, the Defendant rendered a disposition rejecting the instant application to the Plaintiff for the following reasons.

(hereinafter “Disposition”). Following the consultation on small-scale environmental impact assessment, the head of Daegu regional environmental office’s response to the “Non-Dong” with the “Non-Dong” content - 7.2% of the development area (18,96m2) including agricultural and forest areas (14,64m2), etc. to which the instant application is filed, is a class 3 area for conservation purposes; there is substantial damage to vegetation at the time of the implementation of the project; and there is an ecosystem cutting off. In particular, the instant application is planned in the form of infiltrating the mountainous district from the end of the mountainous district to the end of the mountainous district to the small ridge, and is likely to cause excessive damage to the ecosystem and the development of the mountainous district, such as excessive impact on the surrounding soil pollution (such as 18,99m2) on the earth’s development area (14,64m2), and the maximum impact on the surrounding soil pollution (such as 3m3m20, 174m27m2, etc.).

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 (1) that the place of the instant application falls under the conservation purpose area or class 3 of the food conservation grade.

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