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(영문) 창원지방법원 2019.11.14 2019구합51589
개발행위불허가처분취소
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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of disposition;

A. On July 2018, Plaintiff A filed an application with the Defendant for permission for development activities (construction of a structure and alteration of the form and quality of land) and permission for development activities, around 2018, with respect to the size of 11,862 square meters among Gyeong-dong, Chungcheongnam-gun, Chungcheongnam-do, and Plaintiff B filed an application with the Defendant for permission for mountainous district conversion deemed to have been granted.

B. On February 7, 2019, the Defendant rendered a disposition rejecting development activities against the Plaintiffs on the following grounds.

(1) Franchisive ground - 1) Franchisive ground - (hereinafter referred to as “instant disposition”) - The forest surrounding the application site shall be in harmony with the surrounding environment or landscape, such as building height, gradient, trees, water drainage, water drainage, wetlands, etc., and the landscape surrounding the surrounding area. It is inappropriate to be the site for solar power infrastructure because the preservation value as a mountainous area is high for the remaining sea is high for the green-belts of the mountainous district due to the project and the green-belts of the mountainous district are cut and have high potential for erosion, and there is a high risk of natural disaster such as soil outflow and landslide. (2) The applicant area includes the area with high slope, which is likely to cause soil outflow, landslide, etc., and the land utilization status of the surrounding area or land utilization plan, the height of buildings, gradient, water quality, water drainage, surrounding area, the nature of the purpose of Article 20(6)-6 of the Enforcement Decree of the Mountainous Districts Management Act, landscape, surrounding facilities, etc. (hereinafter the same shall apply).).

2. Whether the disposition of this case is legitimate;

A. 1) The grounds for the instant disposition are not recognized. A) The ground for the instant disposition is examined and examined.

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