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(영문) 대전지방법원 2020.05.14 2019구합104326
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. On May 24, 2018, the Plaintiff was licensed to engage in solar power generation business with the content of operating solar power generation business (facility capacity 99KW, supply voltage 22,90 V, frequency 60Hz, and frequency 60Hz (hereinafter “instant business”).

B. On June 11, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities and permission to divert mountainous districts with respect to 16,124 square meters of B forest land B 19,438 square meters (hereinafter “instant application site”) for the purpose of building a site for solar power facilities.

(hereinafter referred to as “instant application”). C.

On July 2018, the Plaintiff requested consultations on small-scale environmental impact assessment and prior examination of factors influencing disasters on the instant application to the head of the Geum River basin basin basin office, etc., and submitted a plan for measures reflecting the details of consultation in the process.

On January 29, 2019, the defendant, by integrating the results of deliberation by the urban planning committee in the public city as follows, rendered a non-permission disposition on the application of this case.

(1) In the case of development activities, the land use plan, gradient of land, status of trees, water drainage, etc. in the surrounding area should be in harmony with the surrounding natural environment or landscape. The land plan and the national land plan that stipulate that the buildings or structures constructed or installed by the development activities need not harm the surrounding natural scenery and landscape, inasmuch as the area of grade 3 with the ecological and natural map of grade 2,00 square meters is in good condition, and the growth site of trees is also in good condition, and there is a need to minimize damage due to the conservation, development, and utilization of the natural environment in the area of grade 2 of the ecological and natural map under Article 34 of the Natural Environment Conservation Act.

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