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(영문) 광주지방법원 2019.11.21 2019구합132
개발행위불허가처분취소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Around July 2018, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties (hereinafter collectively referred to as “Plaintiff, etc.”) filed an application with the Defendant for permission to engage in development activities to build solar power generation facilities with respect to Jeonnam-gun (hereinafter “the instant application site”), including the details of the disposition, and the Defendant rejected the said application by the Plaintiff, etc. (hereinafter “instant disposition”) on the following grounds:

An application for conservation and control of Article 58(1)4 of the National Land Planning and Utilization Act falls under conservation and control areas according to the criteria for permission for development activities specified in attached Table 1-2 of the Enforcement Decree of the National Land Planning Act. An area for conservation and control purposes falls under conservation and falls under conservation purposes in accordance with the criteria for permission for development activities specified in attached Table 1-2 of Article 56 of the National Land Planning and Utilization Act. An area for conservation and control purposes should take into account impacts on the environment requiring conservation rather than development, the utilization status of land in surrounding areas, such as a land utilization plan, etc., but the site for application is 50 meters away from the village and the surrounding environment or landscape. However, to enter the village, one access road (passway) is to be used in order to enter the village, the project site is connected immediately adjacent to the village that is the main moving line of the residents, and the EF village adjacent to the project site is not in harmony with the surrounding environment, and there is a greater need to preserve the natural environment than any other area that can enjoy green experience.

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