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(영문) 의정부지방법원 2019.10.17 2018구합15712
개발행위불허가처분취소
Text

1. The Defendant’s disposition rejecting each development activity against the Plaintiffs on June 25, 2018 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiffs are corporations established for the purpose of the construction and operation of solar power plants, and Plaintiff A Co., Ltd. (hereinafter referred to as “Plaintiff C”) and Plaintiff C Co., Ltd. (hereinafter referred to as “Plaintiff C”) obtained a license from each Gangwon-do Governor on November 14, 2016, and April 3, 2017 for the construction and operation of solar power plants in capacity 996kW.

B. On February 27, 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities involving the installation of structures and alteration of the form and quality of land as follows with respect to the land of KRW 9,623 square meters for the purpose of development activities, E forest land of KRW 55,700, F forest land, KRW 1,226 square meters for the purpose of development activities, and KRW 20,132 square meters for G forest land (hereinafter “instant land”).

(hereinafter “instant application”). Where a person intends to convert a mountainous district into a forest mixed with a quasi-preserved mountainous district and a mountainous district for forestry use (a preserved mountainous district) where the area applied for change of the form and quality of land in which the Plaintiff filed an application for installation of a land structure is located, and where a person intends to convert a mountainous district into a forest mixed with a quasi-preserved mountainous district and a mountainous district for forestry use (a preserved mountainous district) pursuant to subparagraph 1 (e) of attached Table 4 of the Enforcement Decree of the Management of Mountainous Districts Act (a road, completion of completion of completion inspection or commencement of use of road construction), a road that can enter a land category under Article 67 of the Act on the Construction and Management of Spatial Data, and a facility that can be entered into a forest with permission for occupation and use of a road, permission for use of a public water, etc., and a mountainous district is suitable for securing access roads directly connected to the relevant mountainous district for the relevant project.

C. On March 19, 2018, the Defendant filed the instant application with the Plaintiffs on April 19, 2018.

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