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(영문) 창원지방법원 2020.06.18 2019구합54359
개발행위 불허가처분 취소
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of disposition;

A. The Plaintiffs, on April 12, 2018, from the Defendant, Gyeong-gun, Busan Sin-gun, Gyeong-do;

T. In U, 27,602 square meters (hereinafter “instant application site”), the power generation business license was granted to operate solar power generation business (total facility capacity 1,881kW) for solar power generation business.

B. On July 30, 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities (construction of structures and alteration of form and quality) to install solar power infrastructure in the instant application site.

(hereinafter “instant application”). C.

On April 3, 2019, the Defendant rejected the instant application against the Plaintiffs on the following grounds:

(hereinafter referred to as the "disposition in this case") - No permission for development activities - concerns over adverse effects such as surrounding landscape, corrosioning, and creation of an anti-government Do and 105 meters or less due to the continuous expansion of facilities - industrial accident such as damage to forests, landslides, and low-class farmland due to difficult development due to large-scale civil works, as the site for a power generation project is located in the adjacent area - residents of the village are likely to suffer damage to the river basin of soil due to construction, and landscape damage, etc. - the average slope of the relevant application area - The average slope of the relevant application area is distributed at least 13.7 degrees or 20 degrees or below 30 degrees because the slope of the relevant area is distributed at least 14.5%, and there are concerns about damage to farmland due to the concentration of trees, ditches, etc. due to the flow of rainfall, etc. - It is deemed that there is no adverse impact on surrounding forest landscape around the city of 1, 190-Sin-Sin-Sin-si.

2. Whether the disposition of this case is legitimate;

A. Considering the following circumstances, the instant disposition alleged by the Plaintiffs is unlawful by not having any ground for disposition or by abusing or abusing discretionary power.

In the vicinity of the instant application site, solar power generation facilities have already been installed.

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