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(영문) 전주지방법원 2019.05.01 2018구합1791
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Circumstances and details of the disposition;

A. On December 14, 2017, the Plaintiffs filed an application for development activities with the Defendant for permission to create a site for solar power infrastructure (hereinafter “instant application”) with respect to G forest G 9,922 square meters (hereinafter “the instant application site”) in the following cities, the preservation management area and production management area for the Defendant.

B. On March 8, 2018, the following was deliberated on the instant application filed by the Plaintiffs; and the Defendant notified the Plaintiffs of the rejection of the instant application on April 12, 2018:

(hereinafter “instant disposition”). A.

The provisions of Article 58 (Standard for Permission for Development Acts) of the National Land Planning and Utilization Act and Article 56 (Standard for Permission for Development Acts) of the Enforcement Decree of the same Act shall apply.

(b) According to the operation guidelines for permission for development activities (Ordinance of the Ministry of Land, Infrastructure and Transport No. 524, May 8, 2015), according to the attached Table 3 (Scrist of a landscape), the land use status or land use plan in the surrounding area is consistent with the surrounding environment or landscape, such as the gradient of land and the status of trees, etc., but, at the time of installation of solar power infrastructure, the right to view the surrounding environment

(c) Damage to the natural environment and deterioration of the public functions of neighboring mountainous districts due to the malfunction of green belt axiss as the place of application for permission for development activities belongs to the ecological and nature map designated under Article 34 (Preparation and Utilization of Ecological and Natural Maps) of the Natural Environment Conservation Act, which are worthy of conservation of the primary natural environment;

(d) In consideration of the damage to the natural environment due to development, the ripple effect on surrounding areas, disaster risk, etc., the nonpermission disposition shall take precedence over the benefits arising from the conservation of the natural environment, rather than the benefits arising from development activities.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The details of the relevant legislation attached thereto are as follows.

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