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(영문) 창원지방법원 2019.10.17 2019구합50500
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of disposition;

A. Pursuant to Article 7 of the Electric Utility Act and Article 6 of the Enforcement Rule of the same Act on August 29, 2017, the Plaintiffs obtained permission for solar power generation business, each of which is 49kw of equipment capacity, from the Gyeongnam-do Governor, to the Gyeongnam-gun CMyeon (hereinafter “CMyeon”) of the Gyeongnam-do Do Governor.

B. Around June 2018, the Defendant, and the Plaintiff A (hereinafter “Plaintiff A”) filed an application for permission for development activities (land form and quality alteration) with respect to 9,717 square meters among D forest land 17,851 square meters, and the Plaintiff B (hereinafter “Plaintiff B”) filed an application for permission for development activities (land form and quality alteration) with respect to 8,134 square meters among the above land.

(hereinafter referred to as the “instant application site” in combination with each of the above applications.

On December 7, 2018, the Defendant rendered a disposition rejecting development activities on the following grounds to the Plaintiffs:

(hereinafter referred to as “instant disposition”). The non-permission of development activities is denied - The results of deliberation by the Urban Planning Committee of the Ministry of Busan-Gun (hereinafter “Urban Planning Committee”) state that “Partially the gradient, majority of steep slopes, potential landslide, risk of damage to natural scenery, and soil collapse,” and that according to the criteria for permission for development activities under Article 58 (1) 4 of the National Land Planning and Utilization Act, the relevant application shall be in harmony with surrounding environment or scenery, as there are concerns about accidents, such as steep slopes, etc. at the time of civil works, and serious damage to natural scenery and landscape, and thus, it shall be deemed that the non-permission of development activities - Non-permission of mountainous district conversion - consultation - the area of mountainous district to which the project plan and the method of conversion are appropriate and the method of conversion are to minimize damage to natural scenery and forest, and that there is no obstacle to restoration after conversion, but the average ratio of farmland or farmland to which the relevant application is applied should be at least 40 meters at a narrow slope or 240 meters surrounding the surrounding area.

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