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(영문) 청주지방법원 2018.05.31 2017구합2535
개발행위불허가처분취소
Text

1. The plaintiffs' primary claims are dismissed, respectively.

2. Each of the plaintiffs' preliminary claims is dismissed.

3.

Reasons

1. Details of the disposition;

A. On September 28, 2016, the Plaintiffs filed an application for permission for development activities (hereinafter “instant application”) with the Defendant on September 28, 2016 for the construction of solar power infrastructure (hereinafter “instant project”) on the ground of 6,994 square meters (hereinafter “instant application site”) among the 84,180 square meters of land in the preservation management area and the Chungcheongnam-do forest located in the agricultural and forest area (hereinafter “instant application site”).

In accordance with Article 58 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 58 of the same Act, attached Table 1-2 (Standards for Permission for Development Acts), Article 59 of the Enforcement Decree of the same Act, and Article 57 of the Enforcement Decree of the same Act (Deliberation, etc. by Urban Planning Committee on Development Acts), guidelines for the Operation of Permission for Development Acts, and attached Table 4 (Standards for Management of Non-Urban Scenery) of the same Guidelines, permission is restricted due to the risk of destruction of the ecosystem of the relevant area and its surrounding areas, such as the decline of green axis and the change of drainage due to solar power facilities installed as a result of development activities by the Urban Planning Committee (hereinafter “Ground for Disposition 1”), national highways, Gun roads, etc. (hereinafter “Ground for Disposition 2”), if seen in the surrounding natural scenery and fine view, etc.

B. On April 4, 2017, the E-Gun Planning Committee rejected the deliberation on the instant application. On April 5, 2017, the Defendant rendered a disposition rejecting the instant application for the following reasons to the Plaintiff (hereinafter “instant disposition”).

C. On May 16, 2017, the Plaintiffs filed an objection against the instant disposition (hereinafter “instant objection”) with the Defendant pursuant to Article 35(1) of the Civil Petitions Treatment Act (hereinafter “Civil Petitions Treatment Act”). On June 8, 2017, the E-Gun Civil Petitions Mediation Committee rejected the deliberation on the instant application. The Defendant filed the objection on the ground that “the result of the deliberation by the Civil Petitions Mediation Committee was rejected” on June 13, 2017.

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