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(영문) 대구지방법원 2018.04.25 2017구합23621
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. The Plaintiffs’ permission to generate solar power 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff Co., Ltd”).

(C) On August 31, 2016, the Plaintiff’s permanent residence of the Do Governor (hereinafter “Cri”) is the Plaintiff’s permanent residence of the Republic of Korea.

(2) On August 25, 2016, Plaintiff B obtained a license for the electric generation business to install solar power generation facilities in D forest land in order to set up solar power generation facilities. (3) On August 25, 2016, Plaintiff B obtained a license for the electric generation business to set up solar power generation facilities in E forest (hereinafter referred to as “instant application site”).

B. On February 3, 2017, the Plaintiff Company filed an application for permission for development activities with the Defendant to install solar power generation facilities by setting the installation area of a structure and the alteration of the form and quality of land on D forest land as 29,972 square meters, respectively. (2) On February 3, 2017, Plaintiff B filed an application with the Defendant for permission for development activities to install solar power generation facilities by setting the installation area of a structure and the alteration of form and quality of land on E forest land as 29,637 square meters, respectively.

On August 25, 2017, Plaintiff B changed the installation area of a structure subject to the above permission for development activities into 8,386 square meters, and the change of land form and quality into 19,376 square meters, respectively.

(hereinafter referred to as “instant application” in entirety of the Plaintiffs’ applications for permission for development activities.

The Defendant’s provisional disposition of denying the Defendant’s development activities 1) received a small-scale environmental impact assessment from the Plaintiffs, and requested the head of the Daegu regional environmental office to hold consultations on the small-scale environmental impact assessment on July 23, 2017. (2) The Defendant held a permanent urban planning committee on August 29, 2017 and deliberated on the instant application, but the deliberation was rejected.

3) Accordingly, on September 6, 2017, the Defendant issued the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) to the Plaintiffs on the following grounds.

) Pursuant to Article 57(2), the instant application was rejected (hereinafter referred to as “instant application”).

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