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(영문) 광주지방법원 2019.08.22 2018구합13179
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 5, 2014, the Plaintiff obtained from the Do governor, Jeonnam-do, Jeonnam-do, a license for an electric power generation business with a facility capacity of 1,000 km and a condition of obtaining authorization or permission under the individual law, to install solar power generation facilities on the ground of 7,110 square meters of B, C, 3,108 square meters of C, 3,108 square meters of D, 3,108 square meters of forest, E, 2,850 square meters of forest, and F, 2,870 square meters of forest (hereinafter collectively referred to as “instant land”).

B. The Plaintiff filed an application for permission to engage in development activities aimed at building sites for solar power facilities, such as changing the form and quality of 16,616 square meters of land among the instant land, 6,16.24 square meters of the applied area, 201.62 tons of weight, and 244.65 square meters of volume.

In accordance with Article 57 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 27 of the Civil Petitions Treatment Act, you shall notify you of the results of deliberation by the Gun Planning Committee, such as attaching a civil petition for permission for development activities for B, C, D, E, and F, and notify you of nonpermission on the following grounds:

- below - A lack of measures to reduce disaster in the light of the examination of small scale factors influencing disasters, which are inappropriate in location due to the risk of collapse of soil and sand in the vicinity of the green belt natural landscape and scenic view adjacent to G, which is likely to cause damage to the natural landscape and scenic view of the forest in the vicinity of the need to preserve superior forest resources, as an area where the excellent forest is

C. On March 29, 2018, following deliberation by the Gun Planning Committee, the Defendant notified the Plaintiff of non-permission of permission for development activities (hereinafter “instant disposition”). D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Jeonnam-do Administrative Appeals Commission, but was dismissed on October 2, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 11, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant’s “accident of disaster-saving measures” presented as the grounds for the disposition is not specific, and thus the instant disposition is taken.

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