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(영문) 대구지방법원 2020.11.25 2019구합25119
개발행위불허가처분취소
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are corporations and individuals with the purpose of solar power generation projects, etc.

B. On February 12, 2018, the Plaintiffs: (a) obtained permission to engage in an electricity generation business from the Defendant on February 12, 2018 to install solar power generation facilities on three parcels, 27,385 square meters of 40,121 square meters (hereinafter “instant site”); and (b) filed an application for permission to engage in development activities on July 25, 2018.

(hereinafter “instant application” appears to continue to alter the project area following the amendment of the project plan after the instant application. As a result of the review of the small environmental impact assessment, the Plaintiffs responded to the non-approval as follows.

The project target area is 93.53% (26,483cm) of the forest vegetation in the class 3 through 4 of the vegetation conservation area. The project site is adjacent to the ridge and is in the shape of infiltrating inside the mountainous district, and it is anticipated that excessive vegetation damage and mountain distress development will be induced at the time of the implementation of the project. Furthermore, the location of the project is not appropriate, because of the geographical characteristics such as the 55m above the table, average slope, 19.6m above the 5m above the 55m above the 55m above the 19.6m above the 19.6m above the 9m above the 9m above the 19.6m above the 9m above the 19.m above the 9m above the 9m above the natural environment, and the environmental impact and potential of landslide caused by soil erosion.

On December 10, 2018, the Defendant requested consultation to the head of Daegu Regional Environmental Office pursuant to Article 44 of the Environmental Impact Assessment Act on the instant application, and the head of Daegu Regional Environmental Office presented his/her opinion on the father’s consent as follows.

On May 3, 2019, the defendant requested the head of Daegu Regional Environmental Office to re-consult with him according to the change in the business size of the plaintiffs.

As a result of the review of a small environmental impact assessment, I reply to the non-Dong as follows:

The instant application is filed.

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