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(영문) 대전지방법원 2018.07.19 2017구합697
개발행위허가신청불허가처분취소
Text

1. The Defendant’s disposition of non-permission to file an application for permission for development activities with the Plaintiffs on March 11, 2017 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiffs are companies established for the purpose of the new and renewable energy generation business.

Plaintiff

On August 26, 2015, and on April 26, 2016, the Plaintiff’s Do governor obtained a license for solar power generation business (hereinafter “instant electric power generation business”) with the capacity of equipment as 998.82kw (power voltage 22,905, frequency 60Hz) and the period of preparation as 36 months from the date of permission.

B. On January 12, 2017, the Plaintiffs filed an application with the Defendant for permission to engage in development activities aimed at creating the site for the instant electric generation business (such as changing the form and quality of land and installing structures; hereinafter referred to as “instant development activities”) with respect to the instant land (28,341 square meters in total applied area; hereinafter referred to as “instant application site”) located in Seosan-si, Seosan-si and one parcel (hereinafter referred to as “instant application site”).

(hereinafter “instant application”, and among them, the part concerning the instant development activity plan is specified, and the instant plan is deemed to be a “instant plan.”

The agenda on the instant application was rejected on the ground that the location was inappropriate as a result of deliberation by the Seocho City Urban Planning Committee around March 2017.

On March 11, 2017, the Defendant notified the Plaintiff of non-permission regarding the instant application for the following reasons.

(1) On January 1, 200, the application of this case was filed in the second grade area of ecological and natural map that requires the conservation and development of the natural environment to minimize damage due to forests with good growth of standing timber (hereinafter “instant first disposition ground”);

2. It is likely that the damage to standing timber and the filling-up of standing timber is planned on a large scale despite the fact that the special-purpose area is an agricultural and forest area for conservation purposes, and there is a risk of the reduction of green areas, the damage to natural scenery, the destruction of ecosystem, etc. (hereinafter “

3. The drainage plan is planned to be concentrated on the existing drainage route, not to be distributed and drained, and is strong.

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