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(영문) 대구지방법원 2020.01.15 2019구합23786
개발행위허가신청 반려처분 취소청구
Text

The Defendant’s disposition of rejection of an application for permission for development activities rendered to the Plaintiffs on June 19, 2019 is revoked.

The costs of lawsuit are assessed against the defendant.

Reasons

Details of the disposition

On November 14, 2017, the Plaintiffs filed an application for permission for development activities (hereinafter “instant application”) for a project to build solar power plants (hereinafter “instant project”) on a 114,138 square meters of A forest land and A 154,711 square meters of forest land and B 196,641 square meters of forest land and B 196,641 square meters of forest land (hereinafter “instant application site”).

① A major revision to the project plan by applying mutatis mutandis the guidelines for consultation on environmental assessment of land solar power generation projects of the Ministry of Environment (hereinafter referred to as the “instant guidelines”)

In the instant application site, the Plaintiffs submitted a business plan to reduce the area of the instant application site from 15,94 square meters at the beginning to 9,866 square meters to 115,94 square meters by reflecting the following matters: (a) the area of the instant application site was reduced by more than half of the area of the instant application site and the site where the application was filed was scattered and it was virtually impossible to implement the instant project, on the ground that the instant application site was excluded from all the areas of “area with an ecological and natural level of not less than Grade 2 with an ecological and natural level of not less than Grade 3 with an ecological and natural level of not less than Grade 3 with an vegetation; and (b) the area of the instant application site was reduced by more than half of the area of the instant application site and the area where the application was filed was scattered.

On December 21, 2018, the Gyeongbuk-do Urban Planning Committee has deliberated on the application of this case again on December 21, 201, and "the slope map 15∑."

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