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(영문) 창원지방법원 2018.05.09 2017구합50858
건축허가신청반려처분취소
Text

1. The Defendant’s disposition of non-acceptance of a building report against the Plaintiff on September 30, 2016 is revoked.

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

Reasons

1. Details of the disposition;

A. On May 19, 2016, the Plaintiff was granted a license for an electric utility business for solar electricity business with the capacity of equipment on the ground of 1995kW on the ground of 190, Hai-ri, Hai-ri (hereinafter “instant land”).

B. On August 17, 2016, the Plaintiff filed an application with the Defendant for permission to engage in development activities and conversion of mountainous districts, etc. to install solar power facilities (total floor area of 121.275 square meters) on the ground of the instant land.

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

After consultation with relevant departments on August 19, 2016, the Defendant presented the instant application for deliberation by the Urban and Gun Planning Committee, which was not held on August 19, 2016, and subsequently rejected the deliberation on the instant application on the ground that it is not suitable to be located in forest damage and surrounding environmental landscape.

On September 30, 2016, the Defendant rejected the instant application under Article 59 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) for the following reasons according to the result of deliberation by the Urban Planning Committee, instead of being held by the Plaintiff on September 30, 2016:

(hereinafter referred to as “instant disposition”). [Grounds for non-repair] According to the review of the Gun Planning Committee pursuant to Article 59(1) of the National Land Planning Act, “The forest damage and surrounding environment have been expressed, and the forest damage caused by the installation of large-scale solar power infrastructure is anticipated to be inevitable, and such solar power infrastructure, which is exposed to outside labor, is not in harmony with surrounding environments or scenery, such as surrounding farmland and mountainous districts, etc., and thus, it is inappropriate to be located, so the scope of application of the standards for permission for conversion of mountainous districts under Article 18 of the Mountainous Districts Management Act and Article 20(6) of the Enforcement Decree of the same Act, and the detailed standards by project scale, “the project plan and converted mountainous district are appropriate, to minimize the damage of natural scenery and forests, and there is no possibility of hindering the restoration after conversion of mountainous districts.”

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