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(영문) 춘천지방법원강릉지원 2019.07.25 2018구합30700
개발행위불허가처분취소의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On June 7, 2018, the Plaintiffs filed an application for permission to engage in development activities for the installation of solar power infrastructure with respect to 22,292 square meters of five parcels, other than 136,731 square meters of Gangwon-gun G, Gangwon-do, and five parcels (hereinafter “instant application site”).

(hereinafter “instant project”). (b)

On September 21, 2018, the Defendant’s project plan is not appropriate for the Plaintiffs on the following grounds, and there is a high possibility of collapse and loss of the surface in the event of excellent flooding caused by concentrated rain, and it is determined that the plan is likely to damage mountainous districts and cannot be in harmony with surrounding environment or landscape. 2) The criteria for permission related to slopes: Not only the improper standard for permission of slopes generated by changing the form and quality of mountainous districts exceed 50% of the area subject to conversion, but also the vertical height of slopes exceeds 15 meters. It also reflects a plan that is impossible to create a sloped by 50 centimeters at the bottom of the slopes, such as creating a sloped area by raising the sloped area. In addition, it is unreasonable to determine that it is unreasonable to take into account the shape of the relevant sloped area and sloped area as an improper plan to dispose of the site at the time of installation of the site at the time of installation of the site at the time of installation of the site at issue.

AB made it.

C. The Plaintiffs seek revocation of the instant disposition to the Gangwon-do Administrative Appeals Commission on December 19, 2018.

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