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(영문) 창원지방법원 2020.02.13 2019구합51107
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On November 15, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities (construction of structures and alteration of form and quality of land) for installation of solar power infrastructure and permission to engage in mountainous district conversion deemed as permission for development activities.

1) Franchising ground - Influence of water quality due to the excessive change of the form and quality of the application - Influence of a small river around the city of excellent weather and concentrated rain, and soil erosion due to soil erosion. - Gun also has a high risk of damaging surrounding natural scenery and steep slope (including slope level 20 or more degrees of slope degree 25%) due to the full-scale exposure in C, where there is a high risk of natural disasters, such as soil erosion and landslide, etc. due to the development. 2) Article 58(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) of the Act on the ground that the land utilization or land utilization plan of surrounding areas is in harmony with the surrounding areas such as the height of buildings, gradient, trees, water flow, water drainage, drainage, etc. - Article 20(6) of the Enforcement Decree of the Management of Mountainous Districts Act - The area of the mountainous district to be diverted is excessive in consideration of the nature of the purpose of project, surrounding landscape, and the installation of facilities.

On March 7, 2019, the Defendant rendered a disposition to refuse development activities to the Plaintiff on the following grounds.

(hereinafter “Disposition in this case”) . [Grounds for recognition] without dispute, Gap 1, 2, Eul 1, 2 and the purport of the whole pleadings

2. Whether the disposition of this case is legitimate;

A. The instant disposition alleged by the Plaintiff is unlawful by deviating from or abusing discretion for the following reasons.

In light of the area of installation of solar power facilities, it is excessive.

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