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(영문) 대전지방법원 2017.06.01 2016구합103711
개발행위허가 불허가 취소
Text

1. The Defendant’s disposition of non-permission to engage in development activities against the Plaintiffs on March 15, 2016 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On June 23, 2015, the Plaintiffs obtained a license for an electric generation business under the Electric Utility Act with the content that the Plaintiff Company A (hereinafter “Plaintiff Company”) is running each solar power generation business in the land in Seocheon-gun C and D land (hereinafter “the first application site”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “the second application site”) and the Plaintiff B is running each solar power generation business in the land in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the first application site “the instant application site”).

B. On October 2015, the Plaintiffs filed an application with the Defendant for permission to engage in development activities to install solar power infrastructure (hereinafter “instant development activities”).

C. On November 2, 2015, the Defendant demanded the Plaintiff company to supplement the requirement for permission to divert a mountainous district under the Mountainous Districts Management Act, “it shall use an existing road, submit documents evidencing a grave with consent from the relative of the grave, submit a marking and an average slope survey report, and satisfy the conditions that the number of standard land should be at least five.”

Plaintiff

On January 2016, the company supplemented the above complementary requirements, and applied for permission for development activities and permission for conversion of mountainous district with the following details as to the first application form.

The area of 4,948 square meters in which capacity 20 KW installed solar power facilities (4,872 square meters in a site of 76 square meters in a road) in the area of 4,948 square meters in the content of the application filed for the application, shall be 6,852 square meters in previous land division area, 4,948 square meters in a divided area.

E. On February 1, 2016, the Defendant, following deliberation by the Seocheon Urban and Gun Planning Committee on February 1, 2016, on March 15, 2016, major place where the instant application for development was filed with the Plaintiffs.

Along with the F Bath, the tourist destination is adjacent to the surrounding landscape, and there is a need to preserve the sea water by good quality, and there is a hindrance to the residential environment because it is adjacent to the densely concentrated area.

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