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(영문) 춘천지방법원강릉지원 2019.10.31 2019구합30073
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On May 23, 2018, the Plaintiffs obtained permission for the electric generation business for solar power generation for solar power generation with the facility capacity of 997.92kW from the Defendant with respect to the Gangwon-gun C.

B. Since then, the Plaintiffs filed an application with the Defendant for permission to engage in development activities for the installation of solar power infrastructure with respect to 26,747 square meters (hereinafter “instant project site”) among 63,174 square meters of the said C forest and fields.

(hereinafter referred to as “instant application”). C.

On October 10, 2018, the Defendant rendered a review of relevant regulations and consultation with relevant departments to the Plaintiffs, which rejected the Plaintiffs’ application of this case for the following reasons:

(2) Article 58(1)4 of the National Land Planning and Utilization Act applies for permission to engage in development activities for solar power plants (hereinafter “instant disposition”). According to Article 58(1)4 of the same Act, development activities can be permitted only when they harmonize with surrounding environment or landscape by determining the actual use condition of surrounding areas, land use plan, gradient, water drainage, and flood condition, etc. However, excessive changes are anticipated to occur due to cutting (170,172 cubic meters), banking (20,870 cubic meters) and banking (20,870 cubic meters) on the project plan. The excellent water generated in the project site is located in one place in solar (D) adjacent to the outer distribution facility without the plan for dispersion of drainage facilities, and it is highly likely that the final drainage facility will lose functions due to soil and sand outflow due to the unforeseeable concentration of soil and sand inflow, and there is a large scale of damage (including ED up to 63,174 m20 m20 m20 m22).

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