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(영문) 청주지방법원 2019.11.28 2019구합6432
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 September 22, 2016, the Plaintiff obtained permission from the Cheongbuk-do Governor to install solar power generation facilities (hereinafter “instant power generation facilities”) (hereinafter “instant project”) in the aggregate of 15,791 square meters of land outside B and six parcels (hereinafter “the instant application site”).

B. On February 20, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the instant business (hereinafter “instant application”).

On October 30, 2018, the defendant, after completing consultation with the relevant department on the application of this case, presented it to the Urban Planning Committee as the agenda for deliberation on November 30, 2018.

C. On November 30, 2018, the Urban Planning Committee rejected the instant application on the grounds of “the protection of natural scenery, risk of mountainous district disasters, and risk of damage to surrounding areas”

On December 10, 2018, the Defendant rendered a disposition to deny the instant application to the Plaintiff for the following reasons (hereinafter “instant disposition”).

Grounds for Disposition of this case

1. In the deliberation of the Urban Planning Committee at the Chungcheong City City Planning Committee held pursuant to Article 59 of the National Land Planning and Utilization Act, the installation of the instant power production facility is rejected on the following grounds - Natural Scenery protection - risk of mountainous disasters and surrounding areas

2. A plan to create a solar site in a size of 15,791 square meters at the center of a mountainous district, where the location of a prospective project site is located, is planned to be formed in a slope in which the height of the elevation is high ( approximately 45 meters at the center of a mountainous district, approximately 10 meters at the largest height cutting, approximately 10 meters at the ground cutting, approximately 7.5 meters at the maximum filling, and approximately 20,000 square meters at the level cutting, which is 18.54 degrees; the standard gradient is 18.54 degrees; the maximum gradient is likely to cause damage to human life and property due to the burial of a sub-area due to the soil erosion in a mountainous district when the site for application is located in the normal ridge line at the mountainous district, and is natural damage caused by the cutting of green areas, etc.

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