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(영문) 대전지방법원 2020.05.07 2019구합103286
개발행위허가(공작물설치, 토지형질변경)신청 등에 대한 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 the disposition;

A. On June 18, 2018, the Plaintiffs filed an application with the Defendant for permission to engage in development activities (hereinafter “instant project”) with respect to the installation of solar power generation facilities (hereinafter “instant facilities”) on a 10,897 square meters in the said land, where the form and quality of land was changed to 25,11 square meters in the N72,496 square meters in Chungcheongnam-si, Chungcheongnam-si (N72,496 square meters (i.e., 24,048 square meters in the power site; hereinafter “instant application site”).

(hereinafter “instant application”). (b)

On September 3, 2018, the Defendant rendered a disposition rejecting the instant application pursuant to Article 57(2) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

(2) Article 18 (1) 8 of the Management of Mountainous Districts Act (hereinafter “instant disposition”) violates the provisions of Article 18 (1) 8 of the Management of Mountainous Districts Act (hereinafter “Mountainous Districts Act”) as a result of the review of permission for conversion of mountainous districts under the Mountainous Districts Act, and the filing of the application is likely to seriously damage natural scenery due to excessive cutting and banking of the relevant mountainous district, to recover mountainous districts, and to seriously impede the recovery of mountainous districts, and to decilating the public interest of forests. In the event of development, the main green axiss are cut so as to hinder productivity of forestry, conserve natural scenery, and to create a disaster, etc., which are inappropriate for the location of the relevant mountainous district for application, such as destroying the public interest value of forests. As such, a mountainous district, which is inappropriate for the location of the relevant mountainous district, such as the project plan and mountainous district conversion of mountainous districts, is likely to minimize damage to natural scenery and forest and to impede restoration after conversion of mountainous districts, it is deemed that public interest damage is greater.

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