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(영문) 춘천지방법원 2019.12.03 2019구합51879
개발행위 허가신청 반려처분 취소 청구
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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. The Plaintiffs filed an application for permission to engage in development activities with the Defendant around June 2019, in order to install solar power facilities (hereinafter “instant power facilities”) on the 18,617 square meters (hereinafter “the instant application site”) among the 3 lots outside Gangseo-gun, Seowon-gun, Seowon-gun and three lots (hereinafter “instant application site”).

(hereinafter referred to as the “instant application”) . - Not less than 1.2m of the collection width, 1.2m of the collection cover for concrete - change of the storage site’s wall to structures, such as stone axiss, etc. - additional reinforcements across the management road in the complex, - Consultation with residents under the responsibility of the pre-permission owner (Submission of relevant data, such as resident briefing sessions and resident agreements)

B. On May 21, 2019, the Si Planning Committee (hereinafter “Gun Planning Committee”) decided on the instant application as “Conditional Resolution” and presented the following supplementary requirements.

- Modification of the specifications for collection and cover alteration - Alteration of the space to natural rocks on the wall of a reservoir - two additional management roads in a complex - holding a briefing session for residents;

C. On June 2019, the Plaintiffs are as follows to the Defendant:

The plan for measures according to the request for supplementation was submitted.

Reasons for rejection

(a) Criteria for permission for development activities under attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) as the project site is located in the main roadside of the 19.8 degrees, and the structures installed by development activities are likely to damage the surrounding natural scenery and aesthetic view;

1. D.

(1) does not conform to paragraph (1);

(b) Most opposing opinions of residents who are likely to infringe on the additional property rights and environmental rights of the relevant area and its surrounding areas, including water pollution, in the event of forest damage, soil and sand outflow, disaster risk, noise, miscellaneous removal, and rupture washing due to the development activities in gold, and the criteria for permission for development activities under attached Table 1-2 of the Enforcement Decree

1. D.

(2) It is determined that there is no possibility of undermining the public interest because it is not suitable to the relationship with the surrounding area, such as environmental pollution and danger occurrence.

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