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(영문) 광주지방법원 2019.10.24 2018구합13940
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 June 15, 2018, the Plaintiffs obtained each electric utility business license from the Defendant for solar power generation business, and thereafter, Plaintiff A and B obtained each electric utility business license again from the Defendant on November 16 of the same year. The key contents of the Plaintiffs’ respective electric business licenses are as follows.

[mark] Plaintiff A Jeonnam F, G, H 486 8,843/2,691 International solar power plant Plaintiff B, B, 17.22,648/5, and 586.23 J-powered Power Station Plaintiff C, Seoul, 140.942,896/1,400

B. Around July 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities to build solar power generation facilities regarding the instant application form. On November 30, 2018, the Defendant rejected the said application by the following reasons (hereinafter “instant disposition”).

An application for conservation under Article 58 (1) 4 of the National Land Planning and Utilization Act corresponds to conservation and conservation purposes in accordance with the criteria for permission for development activities specified in attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act. An area for conservation purposes is an area for conservation and its impact on the environment should be considered as an area requiring conservation rather than development, the actual use status of surrounding areas, such as a land utilization plan, etc., and the surrounding environment or landscape should be harmonized. However, the site for application is located within the village and the 100 meters (Plaintiff A, B), 400 meters (Plaintiff C), and one access road (pass) should be used for the village to enter the village. However, LM village adjacent to the 3 project site is not in harmony with the surrounding environment because it is the main moving line of the residents, and is not connected with the surrounding environment, and is more than the clean forest and natural zone designated as a mountain village experience village so that green experience can enjoy.

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