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(영문) 대전지방법원 2020.07.22 2019구합103248
개발행위 허가신청 불허가 처분 취소
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. The Plaintiffs are those who obtained consent from E to use land for the purpose of installing solar power generation facilities on the ground of the E-owned forest F (hereinafter “instant forest”).

- Location: Purpose of permission to engage in development activities and use area for building sites for solar power generation facilities: Agricultural and forest area, production management area/ forestry-use area, and A B CD- applied area for quasi-preserved mountainous district, 7,1765,4028,2228,85 facilities capacity (KW) 365.3, 278.2, 248.2, 248: Fixed Price Change and Electric Power Supply and Demand Method: 380v/Exchange 3: From the date of permission to September 30, 2020

B. On July 23, 2018, the Plaintiffs filed an application with the Defendant for the following content:

(hereinafter the plaintiffs' applications collectively referred to as "each of the instant applications").

After deliberation by the Gun Planning Committee on February 26, 2019, the Defendant rejected each of the instant applications from the Plaintiffs on March 8, 2019 on the following grounds:

(hereinafter “Disposition in this case”). [Grounds for Refusal] Article 58(1)4 of the National Land Planning and Utilization Act and Article 56(1) [Attachment Table 1-2] (d) of the Enforcement Decree of the same Act are inconsistent with the criteria for permission for development activities.

1. 2019년 제1회 군계획위원회 제1분과 심의결과 통보 공문 1부. 2. 2019년 제1회 군계획위원회 제1분과 심의결과 1부. 끝. [심의결과] 태양광발전시설 부지조성을 위한 군계획위원회 제1분과 심의 ⇒ 부결

(a) Failure to meet the criteria for permission for development activities pursuant to Article 58(1)4 of the National Land Planning and Utilization Act and Article 56(1) [Attachment Table 1-2] of the Enforcement Decree of the same Act;

(b) Damage to landscape, improper location, height of land gradient, potential landslide (as many areas of grade 1 and 2 from landslides) / [based on recognition] Gap 1 and 2 (including numbers; hereinafter the same shall apply), Eul 1, and 3 through 7, and the purport of all pleadings;

2. The case.

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