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(영문) 대전고등법원 2021.01.22 2020누10362
개발행위불허가처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and the appeal.

Reasons

1. Facts of recognition;

A. On July 31, 2018, the Plaintiffs filed an application for permission to engage in development activities and the current status of the site where the instant application was filed. On July 31, 2018, the Plaintiffs omitted the Defendant from Chungcheongnam-gun and Seocheon-gun, and two lots of land (hereinafter referred to as “Seongcheon-gun Tran-gun,” and the Plaintiff filed an application for permission to install structures for the creation of a site for solar power infrastructure (the applied area 10,636.96 square meters), land form and quality alteration (23,089 square meters), and development activities aimed at the division of land (hereinafter referred to as “development activities of this case”).

2) The area under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) where the instant application is filed is designated as a production management area, conservation management area, and agricultural and forest area, and at least 50% thereof is classified as class 2 zones of the ecological year under the Conservation of Natural Environment Act.

3) The instant application falls under the part C (W) and the left part (U, and two parcels) of the forest below the instant application, and the part C, in C, has a grave installed.

In the future of the application of this case, the second line road is adjacent to the road from which the application of this case was filed, and farmland is formed below the road, and the application of this case is filed

On the side, the forests where trees are planted continuously are stored.

The average gradient of the instant application site is 20.2 degrees, and the area with a gradient of at least 20 degrees is 41.15% of the total area, and the area with a gradient of at least 20 degrees is 16.55% of the total area.

4) From May 2016, part A of the said forest (AF Day KRW 26,127 square meters) was created as a site for solar power facilities from around May 2016, and is currently operating solar power facilities (hereinafter “AB-generating facilities”).

B Part B (AG forest land 53,014 square meters) is located in the opposite part between the instant application site and the ridge. At the time of the installation of the foregoing AB Ri power plant, registration conversion and division was made in AH, which is its father, and most standing timber was cut as of July 2020.

5) To apply for permission to engage in development activities to the Defendant around July 25, 2018.

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